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Simpson Thacher Attorneys Author Article on Fifth Circuit’s Decline to Review Nasdaq Board Diversity Rule

11.15.23

Partners Martin Bell, Alicia Washington and Leah Malone, and Associates Sareen Armani and Claire Cahoon authored an article titled, “Fifth Circuit Declines to Review SEC’s Approval of Nasdaq’s Board Diversity Rule,” which was published by the Harvard Law School Forum on Corporate Governance. The article discussed how a three-judge panel for the U.S. Court of Appeals for the Fifth Circuit denied petitions to review the SEC’s approval of Nasdaq’s board diversity disclosure rule, which requires Nasdaq-listed companies to have female and minority or LGBTQ+ directors on their boards and to disclose director diversity statistics. The piece goes on to further examine the implications of the Fifth Circuit’s decision and how it is an example of the recent increase in courts addressing lawsuits challenging DEI policies, programs and practices.

To read the full article, please click here.