Boards face a multitude of challenges, and opportunities, with the change in administrations. As we describe in the latest issue of The Informed Board, the new administration is forcing companies to reexamine their approaches...more
2/20/2025
/ Antitrust Provisions ,
Board of Directors ,
Corporate Governance ,
Department of Justice (DOJ) ,
Diversity ,
Enforcement Actions ,
EU ,
Executive Orders ,
Legislative Agendas ,
Multinationals ,
Regulatory Agenda ,
Regulatory Requirements ,
Supply Chain ,
Trump Administration
Key Points -
- Employers can expect their DEI programs to face resistance from both the federal government and private parties during President-elect Trump’s second term, emboldened in part by recent Supreme Court...more
1/20/2025
/ Affirmative Action ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Race Discrimination ,
SCOTUS ,
Title VII ,
Trump Administration
On December 11, 2024, in a 9-8 decision, the United States Court of Appeals for the Fifth Circuit ruled that in approving the Nasdaq Stock Market’s (Nasdaq) board diversity rules (the Rules), the Securities and Exchange...more
12/17/2024
/ Board of Directors ,
Corporate Governance ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
LGBTQ ,
Listing Standards ,
Nasdaq ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Reporting Requirements ,
Securities and Exchange Commission (SEC)
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
4/1/2024
/ Analytics ,
Antitrust Division ,
Artificial Intelligence ,
Board of Directors ,
Climate Change ,
Competition ,
Compliance ,
Corporate Communications ,
Corporate Governance ,
Corporate Social Responsibility ,
Data Management ,
Data Protection ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Hong Kong ,
International Data Transfers ,
Machine Learning ,
Popular ,
Publicly-Traded Companies ,
Race Discrimination ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
State and Local Government ,
State Legislatures ,
Technology Sector
The U.S. Supreme Court’s June 2023 decision declaring the consideration of race in university admissions unconstitutional has had a significant impact on diversity, equity and inclusion (DEI) initiatives....more
The Supreme Court’s Affirmative Action Opinion Continues To Spawn Challenges to DEI Programs -
Businesses can expect continued challenges to DEI programs, as emboldened opponents to these programs seek to expand the reach...more
12/15/2023
/ Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
EU ,
Regulatory Agenda ,
Regulatory Reform ,
Reporting Requirements ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Sustainability ,
Sustainable Business Practices
Key Points -
- In the wake of the Supreme Court’s decision in Students for Fair Admissions, challenges to DEI initiatives have focused on programs that facially appear to provide a zero-sum advantage based on protected...more
12/13/2023
/ Affirmative Action ,
Class Action ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Employment Opportunity Commission (EEOC) ,
LGBTQ ,
NASCAR ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
The U.S. Supreme Court’s landmark decision in the cases Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina upended prior...more
7/6/2023
/ Affirmative Action ,
Board of Directors ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Popular ,
Race Discrimination ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII ,
Universities