News & Analysis as of

Diversity and Inclusion Standards (D&I) Regulatory Agenda Corporate Governance

ArentFox Schiff

In-House Counsel Should Advise Their Companies to Assess the Political Risks of Their Business Decisions

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Right now, much about the world is uncertain. Risks posed by political changes dominate the headlines and also weigh heavily on many decisions made by businesses, their advisors, and their stakeholders....more

Proskauer - Regulatory & Compliance

UK Financial Regulators Drop Diversity and Inclusion Rules but Keep Culture in Focus

On 11 March 2025, the UK’s financial regulators confirmed they have decided not to move forward with proposed diversity and inclusion (D&I) rules for financial firms. This decision in a letter by the Financial Conduct...more

The Volkov Law Group

Sifting Through the Rubble — What to Make of the Topsy-Turvey World of FCPA Enforcement?

The Volkov Law Group on

The dust is settling and for all the drama surrounding the Trump Administration’s refocus on FCPA enforcement, the picture is becoming a little bit clearer.  When cooler heads prevail, it is much easier to pick through the...more

ArentFox Schiff

ESG Update: Political Pressure and Courts Roll Back Corporate ESG Efforts

ArentFox Schiff on

The second Trump presidency has arrived. With it – and particularly the Trump Administration’s push back on diversity, equity, and inclusion (DEI) programming at many levels – many organizations are under increased pressure...more

BCLP

Regulatory Focus on Non-Financial Misconduct: Where are we headed in 2025?

BCLP on

The FCA’s focus, in the six years since #MeToo began, upon tackling ‘non-financial misconduct’ (broadly, poor interpersonal behaviour) in the financial services sector has sometimes been said to be a bit odd and/or not the...more

Skadden, Arps, Slate, Meagher & Flom LLP

2025 Insights: A First Look at Trump’s Second Term

As we step into a new year, the potential shifts under a second Trump administration loom large. Our 2025 Insights publication analyzes the impacts these changes could have on both U.S. and global business environments,...more

Eversheds Sutherland (US) LLP

Fifth Circuit rejects Nasdaq's board diversity rule approved by SEC

After various legal battles over the past four years, a recent en banc decision by the Fifth Circuit Court of Appeals vacated the Securities and Exchange Commission’s (SEC) approval of the Nasdaq board diversity proposal,...more

Skadden, Arps, Slate, Meagher & Flom LLP

ESG: A Review of 2024 and Key Trends To Look for in 2025

In this article, we reflect on key trends in ESG over the second half of 2024 and look ahead at trends that may emerge in 2025. We analyze developments in the latter half of 2024, which were similar to those highlighted in...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Court of Appeals Strikes Down Nasdaq Board Diversity Disclosure Rules

On December 11, 2024, the Fifth Circuit Court of Appeals held that the Securities and Exchange Commission (SEC) does not have the authority to approve Nasdaq’s board diversity disclosure rules. As a result, Nasdaq-listed...more

DLA Piper

Horizon - ESG Regulatory News and Trends - December 2024

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Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions....more

White & Case LLP

Nasdaq Board Diversity Disclosure Rules No Longer in Effect After Overturning by Court

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On December 11, 2024, the United States Court of Appeals for the Fifth Circuit, in a 9-8 vote, struck down The Nasdaq Stock Market's ("Nasdaq") board diversity rules, holding that the Securities and Exchange Commission (the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Nasdaq Board Diversity Rules Vacated by the Fifth Circuit

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

Bass, Berry & Sims PLC

Fifth Circuit Vacates Nasdaq Board Diversity Rules

Bass, Berry & Sims PLC on

On December 11, the Court of Appeals for the Fifth Circuit vacated Nasdaq Listing Rule 5605(f) and Nasdaq Listing Rule 5606(a) (together with Nasdaq Listing Rule IM-5900-9, the Board Diversity Rules) by a 9-8 vote. In...more

Mintz - Energy & Sustainability Viewpoints

Understanding ESG Ratings: Legal Insights & Perspectives

With environmental, social, and governance (ESG) principles garnering increased attention in corporate circles in recent years, there has been an accompanying rise in demand for analytical products that evaluate companies’...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: ESG

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

Akin Gump Strauss Hauer & Feld LLP

FCA and PRA Publish Consultation on New Rules relating to Non-Financial Misconduct

Key Points - Following a joint Discussion Paper in 2021 issued by the FCA and the PRA, both regulators have now issued Consultation Papers proposing new rules and guidance in relation to diversity and inclusion in the...more

White & Case LLP

Corporate Governance - Key Developments - January 2023

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This briefing is the fourth in our series of briefings on corporate governance and is designed to provide a synopsis of topical corporate governance matters impacting companies in the United Kingdom. This briefing tracks the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Preparing for the 2023 Shareholder Proposal Season

On November 15, 2022, Skadden held a webinar titled “Preparing for the 2023 Shareholder Proposal Season.” The panelists were Gianna McCarthy, Director of Corporate Governance for the New York State Common Retirement Fund (NYS...more

Mintz

Draft SEC Five-Year Strategic Plan Emphasizes Importance of Climate Disclosures

Mintz on

Recently, the SEC issued its five-year strategic plan for public comment.  This strategic plan covers a wide variety of topics, ranging from adapting to new technology to plans for increasing internal SEC workforce...more

Stinson - Corporate & Securities Law Blog

ISS Publishes Proposed Changes for 2022 for Comment

ISS has published proposed policy changes for 2022 for public comment. The following summarizes proposed changes for the U.S. market....more

Jones Day

SEC Approves New Board Diversity Disclosure Requirements for Nasdaq-Listed Companies

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The Board Diversity Proposal generally requires each Nasdaq-listed company "to have, or explain why it does not have, at least two members of its board of directors who are Diverse," defined as at least one director who...more

Wyrick Robbins Yates & Ponton LLP

Client Alert: SEC Approves Nasdaq Board Diversity Listing Rules

On August 6, 2021, the U.S. Securities and Exchange Commission (the “SEC”) approved Nasdaq Stock Market (“Nasdaq”) board diversity listing rules. These rules, which Nasdaq initially proposed in December 2020 and then revised...more

Skadden, Arps, Slate, Meagher & Flom LLP

Chair Gensler’s Insight on the SEC’s New Regulatory Agenda

In prepared remarks on June 23, 2021, Chair Gary Gensler of the Securities and Exchange Commission (SEC) provided additional insight into the commission’s recently announced regulatory agenda and its shift in priorities. His...more

Bricker Graydon LLP

Board governance, executive practices and diversity in 2021

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With many organizations redoubling their commitments and efforts around diversity and inclusion last year, regulators and watch dogs are preparing to bring increased accountability to that work....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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