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Equal Protection › Securities and Exchange Commission (SEC) › Board of Directors

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 -
Jackson Lewis P.C.

Diversity in Boardrooms: Why Nasdaq Companies Still Need to Be Mindful Despite Recently Invalidated Rule

Jackson Lewis P.C. on

In a 9-8 en banc decision, the U.S. Court of Appeals for the Fifth Circuit overturned a three-judge panel decision and invalidated the Nasdaq Board Diversity Rule, Rule 506, that had been approved by the Securities and...more

Mintz - Employment Viewpoints

Nasdaq’s “Show and Tell” Diversity Disclosure Survives Initial Challenge

Mintz - Employment Viewpoints on

The Fifth Circuit has rejected the challenge to Nasdaq’s “show and tell” diversity rule that requires Nasdaq companies to publicly disclose the makeup of their boards. In Alliance for Fair Board Recruitment, National Center...more

Skadden, Arps, Slate, Meagher & Flom LLP

Potential Private Sector Implications of the Supreme Court's Affirmative Action Ruling

Skadden, Arps, Slate, Meagher & Flom LLP on

The U.S. Supreme Court’s landmark decision in the cases Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina upended prior...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

Akin Gump Strauss Hauer & Feld LLP

Assembly Bill 979, California’s Board Diversity Statute, Ruled Unconstitutional

Akin Gump Strauss Hauer & Feld LLP on

On May 15, 2023, the Eastern District of California ruled that California Assembly Bill No. 979 (“AB 979”) violates the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment and 42 U.S.C. § 1981. As enacted,...more

Akin Gump Strauss Hauer & Feld LLP

California’s Board Diversity Statute – Assembly Bill 979 – Ruled Unconstitutional

Akin Gump Strauss Hauer & Feld LLP on

On May 15, 2023, a district court judge sitting in the Eastern District of California ruled that California Assembly Bill No. 979 violates the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment and 42...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

CDF Labor Law LLP

Los Angeles County Trial Court Strikes Down Another California Board Diversity Law

CDF Labor Law LLP on

Last month, on May 13, Los Angeles County Superior Court Judge Maureen Duffy-Lewis ruled that SB 826, which requires publicly held California corporations with a principal executive office in California to follow gender...more

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

California Courts Strike Down Laws Requiring More Women and Diversity on Boards

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

The California courts have cast doubt on the legality of laws mandating the number of women and individuals from “underrepresented communities” on the boards of directors of publicly traded corporations based in California....more

Mintz - Employment Viewpoints

Two Strikes Against Board Diversity: What’s Next for Statutory Governance Initiatives?

Mintz - Employment Viewpoints on

On the heels of the April 1, 2022 court decision striking down California’s groundbreaking statute requiring underrepresented community mandates for corporate boards, a different trial court dealt the state’s corporate...more

Mintz - Employment Viewpoints

California Court Strikes Down Board Diversity Law: Now What?

Mintz - Employment Viewpoints on

Jen Rubin, chair of Mintz’s ESG practice group, looks at the recent California court decision striking down the state’s law mandating corporate board seats for underrepresented communities. She says boards still need to...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

Skadden, Arps, Slate, Meagher & Flom LLP

California to Require Inclusion of Female Directors at Public Corporations Based in the State

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California has become the first state in the nation to require that publicly held corporations headquartered within the state include female directors on their boards. The new law, signed by Gov. Jerry Brown on September 30,...more

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