News & Analysis as of

Race Discrimination Corporate Governance

Constangy, Brooks, Smith & Prophete, LLP

Company’s pay equity study is not privileged, court rules

A cautionary tale for employers. EDITOR’S NOTE: Our Affirmative Action Alert blog has been re-titled EEO Compliance Dispatch. Many companies proactively analyze employee compensation to ensure that any disparities...more

BCLP

UK Corporate Briefing - April 2025

BCLP on

Welcome to the Corporate Briefing, where we review the latest developments in UK corporate law that you need to know about....more

Franczek P.C.

The DEI Divide: An Overview of the Varying Positions on Corporate DEI Policies Across the U.S.

Franczek P.C. on

As corporate diversity, equity, and inclusion initiatives (“DEI”) face increasing legal and political scrutiny, a deep divide is emerging among states on how they view these initiatives. Some states are doubling down on their...more

Allen Matkins

Race/Gender/Ethnicity Based Share Restrictions

Allen Matkins on

Yesterday's post took note of a proposed initial public offering by Bally's Chicago, Inc. that would impose a stockholder qualification based on race, gender and ethnic status.  This qualification requirement is intended to...more

Allen Matkins

May Corporations Allocate Shares Based On Race, Gender, Or Ethnicity?

Allen Matkins on

Last December, Bally’s Chicago, Inc., a Delaware corporation and indirect subsidiary of Bally’s Corporation filed a registration statement with the Securities and Exchange Commission to raise funds in connection with the...more

Alston & Bird

Sustainability Spotlight - Q2 2024

Alston & Bird on

Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This...more

Jenner & Block

One Year Later: The Implications of SFFA for Corporate America

Jenner & Block on

On June 29, 2024, one year passed since the Supreme Court’s landmark decision in Students for Fair Admissions (SFFA), which overturned fifty years of legal precedent in striking down the race-conscious admissions programs at...more

Butler Snow LLP

Fifth Circuit Scrutinizes Corporate Diversity Initiatives

Butler Snow LLP on

After the U.S. Supreme Court held that Harvard University engaged in unlawful racial discrimination against Asian Americans in its efforts to achieve student body diversity, businesses have rightly sought legal guidance on...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hot Topics: AI and ESG

The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too With agencies such as the SEC and DOJ using AI and other data analytics tools extensively to detect wrongdoing, companies need to adopt...more

PilieroMazza PLLC

Federal Judge Orders Minority Business Development Agency to Serve All Business Owners Regardless of Race

PilieroMazza PLLC on

On March 5, 2024, a federal judge ordered the Department of Commerce’s Minority Business Development Agency (MBDA) to immediately stop considering a business owner’s race or ethnicity in determining whether an applicant may...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board Podcast | How Will Corporate DEI Policies Be Affected by the Supreme Court Ruling in the University Affirmative...

The latest episode of the Informed Board podcast features a discussion of the potential implications for U.S. companies of the U.S. Supreme Court decision in June striking down race-based affirmative action programs in higher...more

Venable LLP

Dueling Over Diversity: Republican and Democratic AG Letters Highlight the Divide Over Corporate Diversity Initiatives

Venable LLP on

While the Supreme Court's recent decision in Students for Fair Admissions v. President and Fellows of Harvard College was explicitly limited to the educational setting, its prohibition of race-based affirmative action...more

Brownstein Hyatt Farber Schreck

Republican AGs Set Sights on Corporate DEI After Affirmative Action Decision

Last week, 13 Republican state attorneys general published a letter to the largest companies in the country, creating confusion, uncertainty and risk for businesses that have sought to adopt diversity, equity and inclusion...more

WilmerHale

2022 Proxy Season Review: Increased Shareholder Focus on Racial Justice

WilmerHale on

The 2022 proxy season has highlighted shareholders’ ever-growing focus on diversity, equity, and inclusion (DEI).  In 2021, a new trend emerged as 13 shareholder proposals were filed calling on companies to conduct “civil...more

Cooley LLP

Is the Rooney Rule just window dressing?

Cooley LLP on

At the beginning of Black history month, in a class action complaint against the NFL and others replete with heart-breaking allegations of racism, former Head Coach of the Miami Dolphins, Brian Flores, charged that, among...more

Moritt Hock & Hamroff LLP

Corporate Diversity & Inclusion Efforts Grow with Data Transparency

Studies have consistently shown that increased diversity and inclusion often leads to increased corporate profitability. The demand for diversity is partly driven by the vast body of empirical evidence demonstrating that...more

Schwabe, Williamson & Wyatt PC

Honoring Black Women Making History in the Pacific Northwest

At Schwabe, we are deeply committed to facing inequities and existing oppressive systems head-on. Though racial injustice has long woven its way into most corners of our society and communities, we have a reason for hope as...more

Allen Matkins

Does Hilaria Baldwin Qualify As A Member Of An "Underrepresented Community"?

Allen Matkins on

Last year, California Governor Gavin Newsom signed AB 979 (2020 Cal. Stats. ch. 316) into law.  No later than the end of this year, "publicly held corporations" with their principal executive offices in California are...more

Gray Reed

California’s Push For Diverse Corporate Boards

Gray Reed on

California Assembly Bill 929 (the “Diversity Bill”), which was passed by the California State Legislature on August 30, 2020, and signed into law by California Governor Gavin Newsom on September 30, 2020, requires domestic...more

Morgan Lewis

California Expands Diversity Requirements for Public Company Boards

Morgan Lewis on

California Governor Gavin Newsom on September 30 signed into law Assembly Bill No. 979, which requires publicly held companies headquartered in California to have a minimum number of directors from “underrepresented...more

Littler

New California Law Mandates Corporate Board Diversity

Littler on

In the midst of national conversations surrounding racial equity and social justice, Governor Gavin Newsom signed AB 979 into law on September 30, 2020. AB 979 is a first-of-its-kind legislation requiring that no later than...more

Allen Matkins

Will The "Improving Corporate Diversity through Diversity Act of 2019" Be The Plaintiffs' Bar Next El Dorado?

Allen Matkins on

Yesterday, Liz Dunshee at The Proxy Season Blog took note of new support for the “Improving Corporate Diversity Through Diversity Act of 2019" from the U.S. Chamber of Commerce and other business organizations.  If enacted,...more

Womble Bond Dickinson

Healthy Workplace Discussions About Diversity, Part 1: Remembering why we became lawyers, and why that matters for diversity

Womble Bond Dickinson on

This is the first in a series of short articles I’ll be sharing over the coming months to encourage healthy public discussion, especially among lawyers, regarding the reasons we support and need diversity in our workplaces...more

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