News & Analysis as of

Diversity and Inclusion Standards (D&I) Board of Directors

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

DEI Under Scrutiny, Part XII: Scope of Pending Legal Challenge to Nasdaq’s Diversity Rule Narrows

On July 25, 2024, the U.S. Securities and Exchange Commission (SEC) notified the U.S. Court of Appeals for the Fifth Circuit that at least part of the basis for the currently pending legal attack on the Nasdaq’s proposed...more

The Market Leaders Podcast

Market Leaders Podcast Episode 94: Exploring the Perils of Optics-Driven DEI Initiatives with Guest Mira Dewji

In this episode of the Market Leaders Podcast, host David Ackert and guest Mira Dewji, Chief Inclusion and Diversity Officer at Seyfarth, have an insightful discussion about Mira’s journey from being an associate lawyer to...more

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

DEI Under Scrutiny, Part XI: Fifth Circuit Reconsiders Nasdaq’s Board Diversity Rule

The U.S. Court of Appeals for the Fifth Circuit will likely weigh in soon on the U.S. Securities and Exchange Commission’s (SEC) approval of Nasdaq’s board diversity rule that will require listed companies to disclose...more

Fenwick & West LLP

Pro-DEI Shareholder Proposals and Support Down for 2024

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The number of pro-DEI proposals submitted by shareholders decreased overall in the 2024 proxy season compared to the 2023 proxy season, according to data provided by Proxy Analytics. Average support for DEI proposals...more

Fenwick & West LLP

The Future of DEI Shareholder Proposals

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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

Mintz

Has ESG Turned the Boardroom into an Escape Room?

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For those of you who have never participated in an escape room, it is a real-life game that confines a group of people (usually friends, co-workers or even family, for the adventurous types) to a room. The group then...more

KPMG Board Leadership Center (BLC)

Midyear observations on the board agenda - Based on insights from the 2024 Board Leadership Conference

Approaching midyear, business leaders are bullish on growth and the opportunities ahead. At the same time, the macro forces of GenAI, climate change, a multipolar geopolitical landscape and the erosion of trust and healthy...more

Jenner & Block

[Ongoing Program] CLE Relay – Session 2 – One Year Later: DEI in a Post-SFFA World - May 17th, 10:00 am - 11:00 am PDT

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Challenges to corporate diversity, equity, and inclusion programs have gained momentum over the past year. As challengers refine their legal strategies, companies need a new playbook to protect and improve their DEI programs...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

Goodwin

At the Intersection of ‘S’ and ‘G’ of ESG: London Leading the Way on Board Diversity - An Update on Latest FTSE Women Leaders...

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Following the recent changes made to the UK Listing Rules that require Main Market–listed companies to comply with or explain against target board diversity disclosure and diversity data-reporting requirements, London is...more

Skadden, Arps, Slate, Meagher & Flom LLP

Corporate Boards Face ESG Pressure From Both the Left and Right

Over the past decade, environmental, social and governance (ESG) topics have featured heavily in social and political discourse. ESG has also become prominent in the boardroom as directors navigate how best to address...more

Holland & Knight LLP

Fifth Circuit Will Reconsider Challenges to Nasdaq Board Diversity Rule

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The U.S. Court of Appeals for the Fifth Circuit agreed recently to revisit a challenge to Nasdaq's board diversity rule. As we previously reported, a three-judge panel of the Fifth Circuit upheld the rule in October 2023....more

BCLP

UK Corporate Briefing - March 2024

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Welcome to the Corporate Briefing, where we review the latest developments in UK corporate law that you need to know about. In this month’s issue, we discuss...more

Morgan Lewis

2024 Proxy Season: The Importance of Evaluating DEI, ESG, and Corporate Social Responsibility Disclosures

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In preparing for both the 2024 proxy season and publication of inaugural or refreshed corporate social responsibility or sustainability reports, as well as in anticipation of final climate disclosure rules from the SEC as of...more

KPMG Board Leadership Center (BLC)

Latino representation on Fortune 1000 boards: 2023 Edition

Latino representation on Fortune 1000 boards: 2023 Edition marks the fourth study by the KPMG Board Leadership Center and the Latino Corporate Directors Association (LCDA) examining trends in board service, gender, age,...more

Shook, Hardy & Bacon L.L.P.

Championing Inclusion in an Era of Emerging Risks

Increasingly, DEI has come to mean different things to different people, and public understanding of this work continues to evolve (and in some instances, devolve). Amplifying unheard voices, rooting out bias, welcoming...more

Proskauer - Corporate Defense and Disputes

Fifth Circuit Orders En Banc Rehearing of Rejected Challenge to Nasdaq’s Board-Diversity Rules

Well – this took four months. The U.S. Court of Appeals for the Fifth Circuit ordered en banc rehearing of an unsuccessful challenge to the Securities and Exchange Commission’s approval of the Nasdaq Stock Market’s rules...more

Goodwin

What Has Changed in the New Corporate Governance Code?: Five Key Things to Know about the New Code and Associated Guidance

Goodwin on

On 22 January 2024, the Financial Reporting Council (the FRC) published revisions to the UK Corporate Governance Code (the 2024 UKCGC), replacing the 2018 version with effect from financial years commencing on or after 1...more

KPMG Board Leadership Center (BLC)

On the 2024 board agenda

Heading into 2024, companies face unprecedented disruption and uncertainty—wars in Ukraine and the Middle East, trade and geopolitical tensions, economic volatility, persistent inflation and higher interest rates, technology...more

The Volkov Law Group

Top Five Risks Facing Corporate Boards

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A Top 5 list should be viewed with suspicion — it is often just a headline grabbing posting with the clear purpose to gain readers’ attention.  In defense, however, it is interesting to compare articles on risk rankings....more

DarrowEverett LLP

Venture Capital Firms Face New Reporting Requirement With California Law

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Over three and a half years since the death of George Floyd spurred some members of the venture capital community to enact promises to increase their investments in diverse entrepreneurs, California has enacted legislation in...more

Cooley LLP

Is ESG backlash triggering a change in policies or just a change in terminology?

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As discussed in this article from the WSJ, The Latest Dirty Word in Corporate America: ESG, ESG backlash is driving many company executives to drop any reference to “ESG” and instead use terms like “sustainability” or...more

Stikeman Elliott LLP

Board Composition: Gender Diversity and Beyond

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The Canadian Securities Administrators (“CSA”) have released their annual review of disclosure regarding women on boards and in executive officer positions at Toronto Stock Exchange-listed issuers, showing positive trends in...more

BCLP

Fifth Circuit Panel Upholds Nasdaq Board Diversity Disclosure Rules

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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

BCLP

Revised QCA Corporate Governance Code

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The Quoted Companies Alliance (QCA) has published a revised corporate governance code (Code). The Code is still based around 10 Principles but has been updated to keep pace with evolving investor expectations, particularly...more

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