News & Analysis as of

Proposed Rules Diversity and Inclusion Standards (D&I) Securities and Exchange Commission (SEC)

ArentFox Schiff

Top 10 ESG Developments for 2023

ArentFox Schiff on

2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state...more

Troutman Pepper

State AGs Write Amicus Brief Arguing Nasdaq Diversity Rule Is Unconstitutional

Troutman Pepper on

Republican attorneys general (AGs) from 19 states, led by Utah AG Sean D. Reyes, filed an amicus brief urging the Fifth Circuit to rehear a case after a panel of judges declined to entertain a lawsuit challenging diversity...more

Seward & Kissel LLP

SEC Updates for the Upcoming 2022 Annual Reports on Form 10-K and Form 20-F

Seward & Kissel LLP on

The U.S. Securities and Exchange Commission (the “SEC”) has adopted amendments and updated disclosure requirements that are to be included in a reporting company’s annual report on Form 10-K or 20-F. The SEC has also proposed...more

McDermott Will & Emery

Nasdaq Changes Compliance Deadlines for Board Diversity Rules

McDermott Will & Emery on

On August 6, 2021, the US Securities and Exchange Commission (SEC) approved the listing rules proposed by The Nasdaq Stock Market LLC (Nasdaq) to advance board diversity and enhance the transparency of diversity statistics...more

BCLP

ESG Aspirations vs. Operations - Momentum in Emerging Greenwashing & Diligence Risks

BCLP on

Increasing focus on ESG related progress is both commendable and imperative. The scrutiny extends beyond renewables, alternative energy, industrials and carbon impact, to all facets of global business including banks and...more

Kramer Levin Naftalis & Frankel LLP

Diversity in the Boardroom: A Litigation and Governance Update (UPDATED)

As noted in previous client alerts (including here), boardroom diversity continues to be an increasing focus of stakeholders ranging from legislators to institutional investors to retail stockholders. In recent years, their...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights – September 2021

Cryptocurrency Regulation and Enforcement at the US Federal and State Levels - The intensifying focus in recent months on cryptocurrency regulation and enforcement at both the federal and state levels demonstrates digital...more

Bass, Berry & Sims PLC

It’s a Rule! SEC Approves Nasdaq’s Board Diversity Proposal

Bass, Berry & Sims PLC on

On August 6, 2021, the Securities and Exchange Commission (SEC) approved Nasdaq’s proposed rule that would require a listed company to comply with certain board diversity requirements, or explain why it does not (the Board...more

Katten Muchin Rosenman LLP

Client Alert: SEC Approves Nasdaq's Board Diversity Disclosure Requirements

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 (the Board Diversity Rules). The...more

Holland & Knight LLP

SEC Approves Nasdaq's Plan to Improve Diversity on Company Boards

Holland & Knight LLP on

The U.S. Securities and Exchange Commission (SEC) approved Nasdaq Stock Market LLC's proposed rule changes related to board diversity and disclosure on Aug. 6, 2021.1 A Nasdaq-listed issuer, subject to some exceptions...more

McDermott Will & Emery

SEC Approves New Nasdaq Board Diversity Disclosure Rules

McDermott Will & Emery on

On August 6, 2021, the US Securities and Exchange Commission (SEC) approved a Nasdaq rule change that requires its listed companies to have diverse boards or explain why they do not. Subject to certain issuer exemptions and...more

WilmerHale

SEC Approves Nasdaq’s Board Diversity Rule

WilmerHale on

On Friday, the SEC approved Nasdaq listing rules related to board diversity. The new Board Diversity Rule establishes diversity objectives for different classes of Nasdaq-listed companies and related disclosure requirements....more

Fenwick & West LLP

SEC Adopts Nasdaq Rules on Board Diversity

Fenwick & West LLP on

On August 6, 2021, the U.S. Securities and Exchange Commission approved new listing rules regarding board diversity and disclosure, described in our prior Client Alert. The new rules will require a Nasdaq-listed company to...more

Snell & Wilmer

The SEC’s Rulemaking Agenda: ESG

Snell & Wilmer on

On June 11, 2021, the Securities and Exchange Commission (“SEC”) released its Spring 2021 Rule List. Among the proposed rulemaking topics are various environmental, social and governance (“ESG”) disclosures. Although...more

BCLP

Latest Twists in Long and Winding Road to Board Diversity Disclosure

BCLP on

The House Committee on Financial Services met virtually on April 20, 2021 to consider legislation that, among other things, would require public companies to annually disclose the voluntarily, self-identified gender, race,...more

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

Nasdaq Amends Proposed Rule on Board Diversity to Provide Compliance Flexibility

On December 1, 2020, Nasdaq filed a proposed rule with the U.S. Securities and Exchange Commission (SEC) that would require certain Nasdaq-listed companies to have at least two diverse directors (according to self-reported...more

Dorsey & Whitney LLP

Nasdaq, the SEC, GOP Senators and Diversity Requirements

Dorsey & Whitney LLP on

Nasdaq filed a proposal with the Securities and Exchange Commission on December 1, 2020 to modify its listing standards to embrace diversity.  Specifically, the exchange proposed to require companies listed on Nasdaq Global...more

BCLP

Nasdaq Board Diversity Proposal Faces Backlash

BCLP on

Nasdaq’s recent proposal mandating board diversity faces backlash, as 12 Republican senators on the U.S. Senate Banking Committee last week urged the SEC not to approve the proposed rules, which would require all U.S....more

Eversheds Sutherland (US) LLP

Diversity boost in the boardroom: Nasdaq proposes new rules to spark increased board diversity for listed companies

On December 1, 2020, The Nasdaq Stock Market LLC (Nasdaq) filed a proposal with the Securities and Exchange Commission (SEC) to adopt listing rules that would enhance board diversity and transparency among companies listed on...more

McGuireWoods LLP

Nasdaq Proposes Rules to Diversify Boards and Standardize Diversity Reporting

McGuireWoods LLP on

On Dec. 1, 2020, the Nasdaq Stock Market (Nasdaq) submitted a proposal with the U.S. Securities and Exchange Commission (SEC) that, if approved, would require Nasdaq-listed companies to (1) have (or explain why they do not...more

White and Williams LLP

Nasdaq’s Giant Leap Towards Diversity on the Board

White and Williams LLP on

Following the lead of California, Illinois and other states, Nasdaq, which is home to some of the largest companies in the world including Amazon, Google and Facebook, may require diversity on the board of directors of those...more

Pillsbury Winthrop Shaw Pittman LLP

Nasdaq Proposal Includes Mandatory Director Diversity Disclosures

Board diversity may become not just a requirement but smart business as many corporations seek to maintain relevance and purpose. Nasdaq’s proposal would require most Nasdaq-listed companies to have, or explain why they do...more

Winstead PC

Nasdaq Proposal to Adopt Listing Rules Related to Board Diversity

Winstead PC on

On December 1, 2020, Nasdaq filed with the Securities and Exchange Commission (SEC) a proposal to adopt new listing rules related to board diversity.  If approved, the new listing rules would require Nasdaq-listed companies,...more

Fenwick & West LLP

Nasdaq Proposes New Rules on Board Diversity

Fenwick & West LLP on

Nasdaq has filed a proposal with the U.S. Securities and Exchange Commission to adopt new listing rules regarding board diversity and disclosure. The proposed rules would require a Nasdaq-listed company to have at least two...more

Manatt, Phelps & Phillips, LLP

Proposed Nasdaq Rules Aim to Increase Board Diversity

On December 1, 2020, the Nasdaq stock exchange filed with the Securities and Exchange Commission (SEC) a proposal to adopt new listing rules concerning the diversity of Nasdaq-listed companies’ boards of directors. Under the...more

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