Boards face a multitude of challenges, and opportunities, with the change in administrations. As we describe in the latest issue of The Informed Board, the new administration is forcing companies to reexamine their approaches to diversity with the threat of aggressive enforcement suits. But we expect to see a return to pre-Biden administration norms in antitrust.
Meanwhile, with new laws in the U.S., EU and elsewhere, directors are having to spend more time on supply chain vulnerabilities and risks. Throughout all this change, boards are also reexamining the pros and cons of various approaches to self-assessments.
DEI Under Siege: A Guide to the Trump Executive Orders
Three White House executive orders aim to eliminate most DEI programs in the government and private sector, and government departments have each been instructed to identify nine private sector targets for enforcement actions. But the DOJ allowed that “educational, cultural, or historical observances ... that celebrate diversity, recognize historical contributions, and promote awareness without engaging in exclusion or discrimination” are not prohibited.
Now More Than Ever, Supply Chains Demand the Attention of Multinationals’ Boards
New laws in the EU, U.S. and other major jurisdictions make it more critical than ever for boards to have a handle on the legal vulnerabilities of their companies’ supply chains, both upstream and down.
Trump 2.0 Antitrust Policy Is Likely To Be More Predictable but Not Lax
Regulators are expected to revert to settled legal principles and historical practice, but the agencies are likely to continue scrutinizing Big Tech and might use antitrust law to challenge ESG initiatives.
How Best To Measure Your Board’s Effectiveness: FAQs
Board self-assessments take many forms. Some evaluate individuals as well as the full board or committees, for example. Some employ questionnaires, others interviews or group discussions. But the goal should always be improved functioning.
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