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Equal Protection › Diversity › Corporate Governance

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Allen Matkins

Race/Gender/Ethnicity Based Share Restrictions

Allen Matkins on

Yesterday's post took note of a proposed initial public offering by Bally's Chicago, Inc. that would impose a stockholder qualification based on race, gender and ethnic status.  This qualification requirement is intended to...more

Butler Snow LLP

Fifth Circuit Scrutinizes Corporate Diversity Initiatives

Butler Snow LLP on

After the U.S. Supreme Court held that Harvard University engaged in unlawful racial discrimination against Asian Americans in its efforts to achieve student body diversity, businesses have rightly sought legal guidance on...more

Davis Wright Tremaine LLP

Project W: The Invisible Struggle for Black Women

Davis Wright Tremaine LLP on

Protect Black women. Believe Black women. Do better for Black women. That is the call to action from Tiffani Lambie, Director, DEI Operations at Davis Wright Tremaine. Tiffani shares her experience as Black woman in the...more

Snell & Wilmer

Board Diversity Initiatives Falter in the Courts but Investor Interest Is Likely to Remain Strong

Snell & Wilmer on

Last year, Superior Courts in Los Angeles County invalidated two California statutes requiring specific diversity mandates for California public company boards (Senate Bill 826 “SB 826” and Assembly Bill 979 “AB 979”). The...more

Maynard Nexsen

Board Diversity in the Balance: Federal Court Holds that California’s Board of Directors Diversity Requirement Violates Equal...

Maynard Nexsen on

Public Company Advisory Client Alert: On May 15, 2023, the U.S. District Court for the Eastern District of California granted summary judgment for the Alliance for Fair Board Recruitment, finding that California Assembly...more

Perkins Coie

California Court Overturns Board Gender Diversity Statute

Perkins Coie on

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

Pillsbury Winthrop Shaw Pittman LLP

California Board Diversity Rules: Struck-Down Statutes and Paths Forward

Pillsbury Winthrop Shaw Pittman LLP on

Even as California’s courts block the state’s landmark pieces of legislation, the push for board diversity persists. Over the last four years, California has enacted two landmark pieces of legislation regarding the...more

Jackson Lewis P.C.

California Courts Have Found Two Statutes Requiring Diversity in the Makeup of Public Company Boards of Directors Unconstitutional

Jackson Lewis P.C. on

In April, a Los Angeles Superior Court held that Assembly Bill (AB) 979 which required publicly-held corporations headquartered in California to diversify by adding “underrepresented communities” to their board of directors,...more

WilmerHale

California Court Strikes Down Law on Board Diversity

WilmerHale on

On Friday, May 13, a California Superior Court judge struck down Senate Bill (“SB”) 826—California’s landmark gender diversity law regarding the representation of women directors on the boards of publicly held corporations...more

Latham & Watkins LLP

California Gender Board Diversity Law Is Held Unconstitutional

Latham & Watkins LLP on

The law suffers the same fate as the California board diversity law requiring directors from “underrepresented communities.” On May 13, 2022, Los Angeles Superior Court Judge Maureen Duffy-Lewis issued a ruling in Crest...more

Latham & Watkins LLP

California Board Diversity Law Requiring Directors From “Underrepresented Communities” Is Held Unconstitutional

Latham & Watkins LLP on

The California gender board diversity law may suffer the same fate. On April 1, 2022, Los Angeles County Superior Court Judge Terry A. Green issued a summary judgment order finding that California Corporations Code §...more

Fox Rothschild LLP

Court Strikes California’s Board Diversity Rule

Fox Rothschild LLP on

A California court has struck down California’s board diversity statute, AB 979 as violating the Equal Protection Clause. California became the first state to mandate diversity on boards of directors with the passage of...more

Cooley LLP

Blog: New challenge to California board diversity laws

Cooley LLP on

There’s a new case challenging both of California’s board diversity laws. The case, which was filed in a California federal district court against the California Secretary of State, Dr. Shirley Weber, seeks declaratory relief...more

Jackson Lewis P.C.

9th Circuit Revives Lawsuit Challenging One Of The Board Of Directors Diversity Statutes

Jackson Lewis P.C. on

All the way back in 2018, California passed Senate Bill 826 requiring publicly-held corporations with principal executive offices in California to have a certain number of females on their board of directors. Similarly, in...more

Allen Matkins

Legal Challenge To California Board Gender Quota Law Filed

Allen Matkins on

As mentioned in yesterday's post, a much predicted challenge to California's board gender quota law was recently filed. The complaint alleges a single cause of action - violation of Article I, Section 31 of the California...more

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

New California Law Mandates Female Representation on Boards of Directors by December 2019

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

On September 30, 2018, Governor Jerry Brown of California signed Senate Bill (SB) 826, a pioneering law mandating each publicly-held company headquartered in California to have at least one female on its board of directors....more

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