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Diversity Corporate Governance Corporate Counsel

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

DirectEmployers Association

DE Talk | Diversity, Equity & Inclusion: Progress Amidst Opposition within Corporate, Political, & Social Spheres

2024 has brought forth many challenges for diversity and inclusion efforts, and at DirectEmployers’ recent Annual Meeting & Conference, we addressed those setbacks and emphasized the importance of progress amidst opposition....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

BCLP

What do recent lawsuits in the wake of Supreme Court decisions on Affirmative Action mean for your disclosures and DEI programs?

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A flurry of recent lawsuits in the wake of the Supreme Court’s June decision on affirmative action have further muddied the waters for public companies trying to thread their way through competing interests....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

Perkins Coie

California Court Overturns Board Gender Diversity Statute

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A Los Angeles Superior Court judge struck down California’s board gender diversity statute on May 13, 2022. The court found that Senate Bill 826 violated the California Constitution’s Equal Protection Clause....more

A&O Shearman

California Superior Court Strikes Down Director Diversity Mandate

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On May 13, 2022, Judge Maureen Duffy Lewis of the Superior Court of the State of California for Los Angeles County entered judgement in favor of three taxpayers bringing state constitutional challenges to S.B. 826, a bill for...more

Allen Matkins

The Verdict Is In On California's Female Director Quota Law

Allen Matkins on

As I noted yesterday, Los Angeles Superior Court Judge Maureen Duffy-Lewis has found California's female director quota law, SB 826, to violate the Equal Protection clause of the California Constitution (A person may not be ....more

Allen Matkins

Judge Finds California Female Director Quota Law To Be Unconstitutional

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Following a lengthy trial, Los Angeles Superior Court Judge Maureen Duffy-Lewis has found that California's female director quota law violates the Equal Protection Clause of the California Constitution...more

Katten Muchin Rosenman LLP

ESG Shareholder Proposals: Practical Guidance from Proxy, Legal, IR and Consulting Perspectives

On January 6, Katten Capital Markets partner Farzad Damania, along with Zally Ahmadi of D.F. King, George Lu of ADEC ESG Solutions and Ari Frankel of Solebury Trout, presented a program sharing their insights into the trends...more

Allen Matkins

Judge Weighs Challenge To California Board Quota Law

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On Monday,  Los Angeles Superior Court Judge Terry Green heard arguments on opposing motions for summary judgment in a case challenging the constitutionality of AB 979.  Crest v. Padilla, L.A. Super. Ct. Case No....more

White & Case LLP

Key Considerations for the 2022 Annual Reporting and Proxy Season

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This memorandum outlines key considerations for U.S. public companies in preparation for the 2022 annual reporting and proxy season.   ▪️ Part I of this memo, which was published in January 2022, describes key...more

Allen Matkins

Appearances Matter According To ISS' Proxy Voting Guidelines

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Last month, Institutional Shareholder Services published its Americas 2022 Proxy Voting Guidelines.  As part of its updated guidelines, ISS has removed the "grace" period for board diversity so that its policy now reads as...more

Cooley LLP

SEC offers another packed agenda for Fall 2021

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The SEC’s new Fall reg-flex agenda is posted and, no surprise, it’s packed. Here is the short-term agenda and here is the long-term version. And just as with the spring agenda, Commissioners Hester Peirce and Elad Roisman...more

Allen Matkins

Is Self-Identification Antithetical To Remedying Discrimination?

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As has been previously discussed in this space, California Secretary of State Shirley N. Weber is seeking dismissal of a federal court challenge to California's director quota mandates - SB 826 and AB 979.  Alliance For Fair...more

Katten Muchin Rosenman LLP

SEC Approves NASDAQ's Board Diversity Disclosure Requirements - Capital Markets Compass | Issue 1

On August 6, the Securities and Exchange Commission (SEC) approved Nasdaq listing rules implementing new board diversity disclosure requirements that will apply to most Nasdaq-listed companies (Nasdaq Board Diversity Rules)....more

Foley Hoag LLP - Public Companies & the Law

SEC Approves Nasdaq Board Diversity Rules

As if issuers needed a reminder that it’s always the right time to be thinking about board composition, earlier this month, the SEC approved new Nasdaq rules that will require companies listed on that exchange to collect and...more

Cooley LLP

Blog: Ninth Circuit allows challenge to California board gender diversity statute to go forward

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In Meland v. Padilla, a shareholder of a publicly traded company filed suit in federal district court seeking a declaratory judgment that SB 826, California’s board gender diversity statute, was unconstitutional under the...more

Allen Matkins

Is Self-Identification Solely A Question Of Belief?

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California's statutes requiring that publicly held corporations have a minimum number of female directors and directors from "underrepresented communities" rely upon the individual's self identification.  Cal. Corp. Code §§...more

Bennett Jones LLP

Government of Canada Publishes First Report on Diversity Disclosure

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On April 7, 2021, the Government of Canada published Diversity of Boards of Directors and Senior Management of Federal Distributing Corporations. The report is the first report on the effect of the government's efforts to...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Spring 2021

What questions do prospective SPAC directors need to ask? What are the 10 most common misconceptions regarding attorney-client privilege? The Informed Board aims to provide insights into the key issues directors face...more

Schwabe, Williamson & Wyatt PC

Honoring Black Women Making History in the Pacific Northwest

At Schwabe, we are deeply committed to facing inequities and existing oppressive systems head-on. Though racial injustice has long woven its way into most corners of our society and communities, we have a reason for hope as...more

Allen Matkins

Does Hilaria Baldwin Qualify As A Member Of An "Underrepresented Community"?

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Last year, California Governor Gavin Newsom signed AB 979 (2020 Cal. Stats. ch. 316) into law.  No later than the end of this year, "publicly held corporations" with their principal executive offices in California are...more

Ervin Cohen & Jessup LLP

California Continues Effort to Hold Employers Accountable for Diversity In the Workplace through AB 979 and SB 973

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Building upon California’s prior efforts to increase diversity in the workplace, Governor Newsom has signed into law Assembly Bill 979 and Senate Bill 973. AB 979 requires greater diversity on corporate boards of directors...more

Littler

New California Law Mandates Corporate Board Diversity

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In the midst of national conversations surrounding racial equity and social justice, Governor Gavin Newsom signed AB 979 into law on September 30, 2020. AB 979 is a first-of-its-kind legislation requiring that no later than...more

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