News & Analysis as of

Diversity and Inclusion Standards (D&I) Listing Rules Diversity

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

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

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

BCLP

Reminder: Initial Board Diversity Matrix Now Required for Nasdaq Companies

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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

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

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

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

Proskauer Rose LLP

Nasdaq Proposes New Board Diversity Requirements for Listed Companies

Proskauer Rose LLP on

On December 1, 2020, Nasdaq proposed new listing rules that, if approved by the SEC following a public comment period, would require Nasdaq-listed companies either to have, or explain why they do not have, at least two...more

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