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Unconstitutional Condition Board of Directors

Akin Gump Strauss Hauer & Feld LLP

Nasdaq Diversity Rule Deemed Unenforceable By 5th Circuit

On December 11, 2024, the U.S. Court of Appeals for the 5th Circuit, sitting en banc, ruled that The Nasdaq Stock Market LLC (Nasdaq) cannot enforce previously adopted listing rules requiring Nasdaq-listed companies to have...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

Cozen O'Connor

Diversity or Discrimination? Amicus Brief Argues Against Nasdaq’s Board Diversity Rule

Cozen O'Connor on

A group of 17 Republican AGs, led by Arizona AG Mark Brnovich, filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit in Alliance for Fair Board Recruitment v. SEC, No. 21-60626, in support of a challenge to...more

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