Fifth Circuit Court of Appeals Strikes Down Nasdaq Board Diversity Disclosure Rules

On December 11, 2024, the Fifth Circuit Court of Appeals held that the Securities and Exchange Commission (SEC) does not have the authority to approve Nasdaq’s board diversity disclosure rules. As a result, Nasdaq-listed companies are no longer required to follow these rules, which had required companies to disclose diversity information about their board of directors and, if their board of directors did not consist of two diverse individuals, explain why not....
By: Bradley Arant Boult Cummings LLP

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