News & Analysis as of

Diversity and Inclusion Standards (D&I) Listing Rules

Seyfarth Shaw LLP

HKEx’s Enhanced Corporate Governance Code and Related Listing Rules

Seyfarth Shaw LLP on

HKEx published conclusions in December 2024 to its consultation on Review of the Corporate Governance Code (“CG Code”) and related Listing Rules. The latest changes to the CG Code and related Listing Rules include (i)...more

Fenwick & West LLP

SEC Approves Nasdaq Proposal to Remove Board Diversity Rules

Fenwick & West LLP on

The Securities and Exchange Commission (SEC), as expected, has approved Nasdaq's recent proposal to remove the board diversity rule from its Listing Rules....more

Foley Hoag LLP - Public Companies & the Law

Nasdaq’s Board Diversity Rules Struck Down by 5th Circuit

On December 11, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated the SEC’s approval of Nasdaq’s board diversity disclosure rules. These rules were approved by the SEC on August 6, 2021 and required listed...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

Goodwin

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

Goodwin on

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

White & Case LLP

Diversity on UK Boards

White & Case LLP on

Increased focus from investors, regulators, and employees on racial, ethnic and gender diversity has heightened scrutiny of public companies' commitments to diversity in their workforce and in particular on their boards. ...more

Cadwalader, Wickersham & Taft LLP

Diversity on Boards of UK-Listed Companies and Large Private Companies

Substantial efforts are underway in the UK to promote board diversity and inclusion among both UK-listed companies and large private companies, with the UK’s Financial Conduct Authority (“FCA”) introducing new Listing Rules...more

A&O Shearman

FCA Primary Market Bulletin 44

A&O Shearman on

Last week, the FCA issued its Primary Market Bulletin 44 ("PMB44") giving some guidance for listed companies preparing for their first season's reporting under the Listing Rules' new board diversity and inclusion rules, a...more

BCLP

Update from Parker Review 2023

BCLP on

An update report from the Parker Review on Ethnic Diversity highlights that 96% of FTSE 100 companies have met the target of at least one minority ethnic director on their boards. FTSE 250 companies are making progress...more

McDermott Will & Emery

Nasdaq Changes Compliance Deadlines for Board Diversity Rules

McDermott Will & Emery on

On August 6, 2021, the US Securities and Exchange Commission (SEC) approved the listing rules proposed by The Nasdaq Stock Market LLC (Nasdaq) to advance board diversity and enhance the transparency of diversity statistics...more

WilmerHale

Fifth Circuit Hears Argument on Nasdaq Board Diversity Rule

WilmerHale on

On Monday, August 29, the U.S. Court of Appeals for the Fifth Circuit heard oral argument on a challenge to the Nasdaq Board Diversity Rule (the “Rule”). The Rule requires Nasdaq-listed companies to publicly disclose Board...more

BCLP

Reminder: Initial Board Diversity Matrix Now Required for Nasdaq Companies

BCLP on

All Nasdaq-listed companies must now disclose a board diversity matrix by the later of (1) August 8, 2022, or (2) the date the company files its proxy statement for the 2022 annual meeting of shareholders (or, if companies do...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

Orrick, Herrington & Sutcliffe LLP

FCA Publishes Final Rules on Board and Executive Management Diversity and Inclusion

The Financial Conduct Authority ("FCA") has announced new Listing Rules ("LRs") and changes to the Disclosure Guidance and Transparency Rules ("DTRs") on board and executive management diversity and inclusion in its policy...more

Hogan Lovells

Final FCA rules on mandatory D&I reporting of UK listed company boards and executive management

Hogan Lovells on

The UK Financial Conduct Authority has published amendments to the UK Listing Rules and Disclosure Guidance and Transparency Rules which implement mandatory board and executive management-level diversity and inclusion...more

BCLP

FCA Policy Statement on diversity and inclusion on boards

BCLP on

In light of broad support, the FCA is proceeding with its changes to require companies to make annual disclosure requirements on the representation of women and people from an ethnic minority background at board and executive...more

BCLP

BEIS guidance on mandatory climate-related financial reporting and FTSE Women Leaders Review first report

BCLP on

To assist in-scope UK companies comply with the new mandatory climate-related financial disclosures when reporting next year, the Government has published some helpful non-binding guidance. Separately, the first report...more

Skadden, Arps, Slate, Meagher & Flom LLP

Rulings in 2022 Could Bring Clarity on California and Nasdaq Board Diversity Mandates

Takeaways - A bench trial challenging California’s gender mandate for boards on state constitutional grounds is underway, and a similar challenge to the requirement to appoint directors from other underrepresented...more

Hogan Lovells

UK Public Markets Snapshot – ESG: Look What’s Coming (Part 2) October 2021

Hogan Lovells on

In Part 2 of our ESG Public Markets Snapshot, we summarise key ESG points coming down the track for UK corporates and their advisers. Key ESG points to watch out for: Practical ESG issues on M&A deals – ignoring ESG can be...more

Morgan Lewis

Nasdaq Diversity Rules: A Quick Guide

Morgan Lewis on

According to the proposed Nasdaq board diversity and disclosure rules, listed companies must disclose board-level diversity data and will be required to have two diverse directors—or explain why they don’t meet this...more

WilmerHale

FCA Discussion Paper - Diversity, inclusion and its future impact on SMCR

WilmerHale on

During July the FCA made two announcements which demonstrate its continued focus on culture and diversity and their intersection with governance. In a Consultation Paper, it announced proposed changes to Listing Rules which...more

Latham & Watkins LLP

FCA Proposes Enhanced Disclosures on Diversity and Inclusion for Listed Companies

Latham & Watkins LLP on

Proposals reflect growing investor focus on the ESG performance of listed companies. The UK Financial Conduct Authority (FCA) has launched a consultation setting out proposed changes to its Listing Rules (LRs) and...more

Dorsey & Whitney LLP

SEC Approves Nasdaq Board Diversity Listing Rules

Dorsey & Whitney LLP on

On August 6, 2021, the Securities Exchange Commission (the “SEC”) approved Nasdaq Rules 5605(f) and 5606 on board diversity, which are the first of their kind to be implemented on a national scale in the United States. They...more

BCLP

FCA consultation on diversity and inclusion on boards

BCLP on

Due to a lack of standardised and mandatory transparency about diversity on listed company boards, particularly those outside of the FTSE 350, and in response to the demand from investors to focus on topics around ESG, the...more

Wyrick Robbins Yates & Ponton LLP

Nasdaq Proposes New Listing Rules Aimed at Promoting Board Diversity and Transparency

On December 1, 2020, Nasdaq, Inc. (“Nasdaq”) filed a proposal with the U.S. Securities and Exchange Commission (the “SEC”) to adopt new listing rules aimed at promoting board diversity and disclosure of board diversity...more

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