News & Analysis as of

Constitutional Challenges Diversity and Inclusion Standards (D&I) Securities and Exchange Commission (SEC)

Perkins Coie

Nasdaq Board Diversity Rules Vacated; SEC Approval Found “Arbitrary and Capricious”

Perkins Coie on

In a 9-8 decision on December 10, 2024, the U.S. Court of Appeals for the Fifth Circuit struck down Nasdaq’s efforts to promote diversity on public company boards. The case, Alliance for Fair Board Recruitment v. SEC, vacated...more

Wilson Sonsini Goodrich & Rosati

Nasdaq Board Diversity Rules Struck Down

On December 11, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated the U.S. Securities and Exchange Commission’s (SEC’s) order approving The Nasdaq Stock Market LLC’s (Nasdaq’s) board diversity listing standards....more

Constangy, Brooks, Smith & Prophete, LLP

Court halts OFCCP enforcement proceedings against contractor

The future of DOL’s administrative law judges is now murky. When the Office of Federal Contract Compliance Program believes that a contractor has violated affirmative action obligations, its tried-and-true practice for...more

Troutman Pepper Locke

State AGs Write Amicus Brief Arguing Nasdaq Diversity Rule Is Unconstitutional

Troutman Pepper Locke on

Republican attorneys general (AGs) from 19 states, led by Utah AG Sean D. Reyes, filed an amicus brief urging the Fifth Circuit to rehear a case after a panel of judges declined to entertain a lawsuit challenging diversity...more

BCLP

Fifth Circuit Panel Upholds Nasdaq Board Diversity Disclosure Rules

BCLP on

A Fifth Circuit panel recently upheld Nasdaq’s diversity disclosure rules after petitioners challenged them under the First and Fourteenth Amendments and the Administrative Procedure Act (APA). Alliance For Fair Board...more

Akin Gump Strauss Hauer & Feld LLP

Assembly Bill 979, California’s Board Diversity Statute, Ruled Unconstitutional

On May 15, 2023, the Eastern District of California ruled that California Assembly Bill No. 979 (“AB 979”) violates the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment and 42 U.S.C. § 1981. As enacted,...more

CDF Labor Law LLP

Los Angeles County Trial Court Strikes Down Another California Board Diversity Law

CDF Labor Law LLP on

Last month, on May 13, Los Angeles County Superior Court Judge Maureen Duffy-Lewis ruled that SB 826, which requires publicly held California corporations with a principal executive office in California to follow gender...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Courts Strike Down Laws Requiring More Women and Diversity on Boards

The California courts have cast doubt on the legality of laws mandating the number of women and individuals from “underrepresented communities” on the boards of directors of publicly traded corporations based in California....more

Goodwin

California Law Requiring Female Directors on Public Company Boards Held Unconstitutional

Goodwin on

Ruling Follows Similar Decision on Underrepresented Minority Directors in April 2022 - A California court has held that California Senate Bill 826, which required that “publicly held” corporations that listed a California...more

Fenwick & West LLP

California Court Finds California Board Diversity Law Unconstitutional

Fenwick & West LLP on

On April 1, 2022, the Superior Court of California, County of Los Angeles granted the plaintiffs’ motion for summary judgment in a case challenging the legality of AB 979 under the California Constitution...more

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