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Appeals Court Lifts Injunction on Trump Administration’s DEI Executive Orders

On March 14, 2025, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit lifted a lower court’s preliminary injunction blocking key provisions of President Donald Trump’s executive orders aimed at ending...more

How DEI Shareholder Proposals Are Faring in 2025

The intense focus on diversity, equity, and inclusion (DEI) following executive orders from President Donald Trump earlier this year are shifting the balance of pro- and anti-DEI proposals compared to the full 2024 proxy...more

Judge Blocks Trump Administration’s Efforts to Eliminate DEI Programs; Government Appeals

On February 3, 2025, the National Association of Diversity Officers in Higher Education, the American Association of University Professors, Restaurant Opportunities Centers United, and the Mayor and City Council of Baltimore...more

Nasdaq Board Diversity Rules Struck Down by Fifth Circuit

In August 2021, the SEC approved new board diversity rules requiring Nasdaq-listed companies (i) to include a board diversity matrix in their proxy statement or on their website and (ii) to disclose whether they have one...more

The Future of DEI Shareholder Proposals

Following the death of George Floyd and the Black Lives Matter protests against racial inequity in 2020, many companies increased their commitments to diversity, equity and inclusion (DEI), as well as their external...more

ESG Insights: Silicon Valley’s Largest Public Tech and Life Sciences Companies Expanded ESG Reporting in 2023

Amidst challenges and conflicting demands from a variety of stakeholders, technology and life sciences companies have increased their voluntary disclosure regarding environmental, social and governance (ESG) concerns. Despite...more

2022 Corporate Governance Practices and Trends

Fenwick has surveyed the corporate governance practices of the companies included in the Standard & Poor’s 100 Index (S&P 100) and the technology and life sciences companies included in the Fenwick – Bloomberg Law Silicon...more

California Court Strikes Down Board Gender Diversity Statute

On May 13, 2022, the Superior Court of California in Los Angeles County held that SB 826, the law requiring companies with headquarters in California to have a prescribed number of women on their boards of directors, is...more

SEC Adopts Nasdaq Rules on Board Diversity

On August 6, 2021, the U.S. Securities and Exchange Commission approved new listing rules regarding board diversity and disclosure, described in our prior Client Alert. The new rules will require a Nasdaq-listed company to...more

Gender Diversity in the Silicon Valley - A Comparison of Large Public Companies and Silicon Valley Companies - 2020 Proxy Season

Fenwick’s gender diversity survey provides unique insight into women’s participation at the most senior levels of technology and life sciences public companies on the Fenwick – Bloomberg Law Silicon Valley 150 List (SV 150)...more

Nasdaq Proposes New Rules on Board Diversity

Nasdaq has filed a proposal with the U.S. Securities and Exchange Commission to adopt new listing rules regarding board diversity and disclosure. The proposed rules would require a Nasdaq-listed company to have at least two...more

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