News & Analysis as of

Fiduciary Duty Diversity and Inclusion Standards (D&I)

Morrison & Foerster LLP - MoFo+

Celebrating Black History Month: A Conversation With Anita Hill

MoFo continued its celebration of Black History Month by hosting a fireside chat with Washington, D.C. partner Val Dahiya and guest speaker Anita Hill. A Brandeis University Professor of Law, Social Policy & Women’s and...more

Nilan Johnson Lewis PA

Pay Equity, Diversity Efforts, and Litigation Risks

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Many corporate employers throughout the United States have recognized the importance of diversity, equity and inclusion (“DEI”) as a matter of social justice, employee engagement and brand protection. These companies have...more

Jenner & Block

Client Alert: Threading the Needle: Navigating Potential Legal Threats to Supplier Diversity Initiatives

Jenner & Block on

As a core part of broader Diversity, Equity, and Inclusion (DEI) strategies, many companies have pledged to increase their spending or otherwise strengthen their relationships with diverse vendors and suppliers. With...more

Snell & Wilmer

Delaware Confirms Officers, Not Just Directors, Owe Corporate Oversight Duties

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The Delaware Court of Chancery recently issued a decision clarifying that officers, not just directors, owe oversights duties to the corporation. Vice Chancellor Laster found that Caremark-type obligations extended to a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Broadridge to use training to increase diversity (UPDATED)

Vendettas in the retirement plan business don’t pay your bills. Disputes with other retirement plan providers don’t help grow your business. Years ago, I was invited by a dear friend in the business to speak at a local event...more

Fisher Phillips

Tides Have Turned: 4 Key Takeaways for Employers as Labor Department Clears Way for ESG-Focused Investment Options

Fisher Phillips on

The tides can turn quickly in the world of workplace law, and employers who operate as plan fiduciaries for their employees’ retirement investments can now shift their thinking thanks to the latest development. While the...more

Mintz

SEC States That Considering Diversity When Recommending Investment Advisers Is Consistent With An Advisor's Fiduciary Duty

Mintz on

Earlier this month, the SEC issued an FAQ concerning "an adviser's fiduciary duty when considering factors relating to diversity, equity, and inclusion (DEI) in the selection or recommendation of other investment advisers."...more

Husch Blackwell LLP

Starbucks Diversity Policy Challenged in New Lawsuit

Husch Blackwell LLP on

Key Takeaways- •After pivotal events in 2020 relating to racism in America, many companies implemented diversity policies, enhanced existing policies, and/or tied executive compensation to hiring and retaining a diverse...more

Latham & Watkins LLP

10 Key Focus Areas for UK-Regulated Financial Services Firms in 2022

Latham & Watkins LLP on

Environmental, social, and governance (ESG) considerations have come to the forefront of firms’ regulatory change agendas in recent years, and this focus looks set to continue in 2022. The past year has witnessed significant...more

Proskauer - Corporate Defense and Disputes

Qualcomm Escapes Diversity Suit

Another diversity-based derivative suit was dismissed this week by a federal district court, joining a list of decisions that have rejected similar shareholder allegations. ...more

King & Spalding

The Insider: Key Developments for Chief Legal Officers and Corporate Legal Teams

King & Spalding on

Welcome to the inaugural issue of The Insider. This new publication from King & Spalding’s Public Companies Practice, which will be produced periodically, is focused on key developments for chief legal officers and their...more

Sheppard Mullin Richter & Hampton LLP

Facebook Defeats Shareholder Suit Challenging Alleged Failures In Its Diversity and Inclusion Practices

In Ocegueda v. Zuckerberg, No. 20-CV-04444, 2021 WL 1056611 (N.D. Cal. Mar. 19, 2021), the United States District Court for the Northern District of California became the first court to rule on a motion to dismiss claims...more

Nilan Johnson Lewis PA

Pay Equity Advocates Leverage Shareholder Derivative Lawsuits To Drive Pay Equity Efforts

Pay equity advocates have used a variety of mechanisms to pressure employers to prioritize pay equity in the workplace. These efforts include shareholder resolutions regarding pay equity, threats of divestiture, and public...more

Kramer Levin Naftalis & Frankel LLP

Diversity in the Boardroom: A Litigation Update

In a prior alert, we noted that a number of shareholder lawsuits were brought during 2020 in which large corporations and their directors were accused of fiduciary breaches and securities law violations tied to the alleged...more

Proskauer - Corporate Defense and Disputes

Senate Republicans Attack NASDAQ’s Board Diversity Rule

On February 12, 2021, the Republican members of the Senate Committee on Banking, Housing, and Urban Affairs wrote a letter to the Acting Chair of the SEC bashing a recently proposed rule of Nasdaq that would promote corporate...more

Bracewell LLP

ESG Investing and Retirement Plans

Bracewell LLP on

Background - As ESG (environmental, social and governance) investing recently has drawn the attention of governmental agencies that oversee the administration of qualified retirement plans and their trillions of dollars...more

Troutman Pepper

Board Diversity Podcast

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With a hot national spotlight on issues of racial diversity, equality, and inclusion, the composition of corporate boards of directors faces increased scrutiny from the American public, legislators, and the plaintiffs’ bar....more

Goodwin

Talking The Talk Versus Walking The Walk: Shareholder Suits Aim To Push Board Diversity And Punish Companies Supposedly Failing To...

Goodwin on

A lot of attention has been paid to board diversity – or lack thereof – in recent months. California enacted AB-979, which expanded upon California’s earlier gender diversity law and requires boards to make strides in other...more

Jones Day

Shareholder Derivative Litigation Concerning Diversity in Corporate Leadership Is an Emerging Trend

Jones Day on

The Situation: A number of shareholder derivative lawsuits in federal court have been filed seeking to hold directors and officers of major companies accountable for alleged failures to uphold their commitment to diversity....more

Goodwin

Financial Services Weekly News Roundup - July 2015 #2

Goodwin on

Regulatory Developments - Agencies Post Public Sections of Resolution Plans: In a July 6 joint press release, the Federal Reserve Board and FDIC announced that they have posted the public portions of annual...more

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