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Disclosure Requirements Diversity Publicly-Traded Companies

Cooley LLP

SEC’s Spring 2024 agenda delays most actions until 2025

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As reported by Bloomberglaw.com, during an interview in February on “Balance of Power” on Bloomberg Television, SEC Chair Gary Gensler said that he does not intend to “rush” the SEC’s agenda “to get ahead of possible...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hot Topics: AI and ESG

The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too With agencies such as the SEC and DOJ using AI and other data analytics tools extensively to detect wrongdoing, companies need to adopt...more

Holland & Knight LLP

Fifth Circuit Will Reconsider Challenges to Nasdaq Board Diversity Rule

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The U.S. Court of Appeals for the Fifth Circuit agreed recently to revisit a challenge to Nasdaq's board diversity rule. As we previously reported, a three-judge panel of the Fifth Circuit upheld the rule in October 2023....more

A&O Shearman

2024 Proxy Season Quick Reference Guide

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The 2024 proxy season is just around the corner. This quick reference guide, which is intended to supplement Shearman & Sterling’s 21st Annual Corporate Governance & Executive Compensation Survey, summarizes themes from the...more

Fenwick & West LLP

California State to Require Venture Capital Companies to Collect Diversity Data

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California recently passed a bill, SB-54, in an effort to increase transparency regarding diversity in the venture capital industry and to encourage investments in diverse founders. SB 54 will require “covered entities” to...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

Wilson Sonsini Goodrich & Rosati

SEC Publishes Spring 2023 Regulatory Agenda

On June 13, 2023, SEC Chair Gary Gensler announced the release of the SEC’s Spring 2023 Regulatory Agenda (Regulatory Agenda), which outlines the SEC’s rulemaking priorities over the next 12 months. The Regulatory Agenda...more

Fenwick & West LLP

Diversifying the Boardroom: What Silicon Valley-Based and Other Large Public Companies Disclosed in 2022

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The intense focus on board diversity from a variety of stakeholders over the last several years has spurred many companies to examine the composition of their boards and to take action to diversify their boardrooms. While the...more

Skadden, Arps, Slate, Meagher & Flom LLP

2023 Annual Meeting Filing and Disclosure Requirements

SEC Proxy Filing Requirements - File proxy card, Notice of Internet Availability and other soliciting materials with the SEC. In addition to filing the proxy statement, companies should confirm that the proxy card, the...more

Wilson Sonsini Goodrich & Rosati

Considerations in Complying with Nasdaq Rule 5606

In August 2021, the U.S. Securities and Exchange Commission (SEC) approved new board diversity listing standards for companies listed on The Nasdaq Stock Market LLC (Nasdaq). As part of these new listing standards, Nasdaq...more

King & Spalding

ESG and Securities Litigation

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Recent Trends Show Increased Focus on Allegations of "Greenwashing" Over the past few years, regulators, businesses, and the market in general have become increasingly focused on environmental, social, and governance (“ESG”)...more

Latham & Watkins LLP

Key Topics for the 2023 UK AGM and Reporting Season

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UK listed companies face regulatory changes and developing market practices in the areas of ESG reporting, executive remuneration, share issuance authorities, meeting formats, and structured digital reporting. Key Points:...more

Kramer Levin Naftalis & Frankel LLP

Diversity in the Boardroom: A Periodic Litigation and Governance Update

Efforts to increase diversity at the top of public companies remain at the forefront of corporate consciousness and governance. As we have previously reported , stakeholder interest in diversified leadership has led to a...more

Cooley LLP

Fifth Circuit hears oral argument on challenge to Nasdaq board diversity rules—will the rules survive?

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On Friday, August 6, 2021, the SEC approved a Nasdaq proposal for new listing rules regarding board diversity and disclosure, accompanied by a proposal to provide free access to a board recruiting service. The new listing...more

White & Case LLP

Reminder: Nasdaq Board Matrix Disclosure Deadline is August 8th

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Under Nasdaq's new Rule 5606, the board diversity disclosure rule, the deadline for most Nasdaq-listed companies to publicly disclose diversity statistics regarding their board of directors using a Board Diversity Matrix is...more

Wilson Sonsini Goodrich & Rosati

Compliance Reminder: Nasdaq Board Diversity Rules

On August 6, 2021, the U.S. Securities and Exchange Commission (SEC) approved the proposed rules submitted by the Nasdaq Stock Market (Nasdaq) relating to diversity on the boards of directors of Nasdaq listed companies (the...more

Fenwick & West LLP

Meeting Expectations for Board Diversity

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Corporate boardroom diversity has increased significantly over the last few years, and the interest in and demand for gender and racial/ethnic diversity on boards of directors remain high. Lack of corporate board diversity...more

Goodwin

California Law Requiring Female Directors on Public Company Boards Held Unconstitutional

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Ruling Follows Similar Decision on Underrepresented Minority Directors in April 2022 - A California court has held that California Senate Bill 826, which required that “publicly held” corporations that listed a California...more

Kramer Levin Naftalis & Frankel LLP

Court Concludes That California Board Diversity Statute Is Unconstitutional

On April 1, 2022, the Superior Court of California, County of Los Angeles, granted a summary judgment motion that effectively struck down AB 979, a California statute requiring the boards of public corporations based in the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Rulings in 2022 Could Bring Clarity on California and Nasdaq Board Diversity Mandates

Takeaways - A bench trial challenging California’s gender mandate for boards on state constitutional grounds is underway, and a similar challenge to the requirement to appoint directors from other underrepresented...more

Fenwick & West LLP

Proxy Advisors Update Voting Guidelines for 2022 Focusing on Board Diversity, Climate and ESG Oversight

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Institutional Shareholder Services (ISS) and Glass Lewis, the leading proxy advisors in the United States, have announced updates and clarifications for their voting guidelines for the 2022 proxy season. Their voting...more

Cooley LLP

ISS releases benchmark policy updates for 2022

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This week, ISS issued its benchmark policy updates for 2022. The policy changes will apply to shareholder meetings held on or after February 1, 2022. The key changes for U.S. companies relate to say-on-climate proposals,...more

Foley Hoag LLP

REMINDER: 2022 Nasdaq Board Diversity Disclosure and D&O Questionnaires

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As issuers prepare for the end of the 2021 calendar year and the beginning of the 2022 proxy season, many will soon begin circulating director and officer questionnaires. Nasdaq-listed issuers should consider including new...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

Kelley Drye & Warren LLP

What Does The SEC Approved NASDAQ Diversity Proposal Mean For Boards?

On this episode of Kelley Drye’s Legal Download, Senior Associate Courtney Kleshinski and Special Counsel Shanin Farmer will discuss NASDAQ’s Diversity Proposal, approved by the SEC in August 2021, that would establish a...more

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