Challenges To California Director Quota Law Keep Coming

It should be a surprise to no one that California's laws imposing strict gender and diversity requirements on publicly held corporations continue to attract legal challenges. Tomorrow, a trial is scheduled to begin in California Superior Court on...

Study Finds "A Robust and Significantly Negative Stock Market Reaction" To California's Gender Quota Mandate

A study by an international team of scholars has concluded that California's imposition of a gender quota on publicly held corporations with their principal executive offices in the state resulted in a "robust and significantly negative stock market...

Is Self-Identification Antithetical To Remedying Discrimination?

As has been previously discussed in this space, California Secretary of State Shirley N. Weber is seeking dismissal of a federal court challenge to California's director quota mandates - SB 826 and AB 979.  Alliance For Fair Board Recruitment v....

Should Boeing Fly To Nevada?

After Vice Chancellor Morgan Zurn's in September issued his opinion in In re Boeing Company Derivative LitigationUCLA Professor Stephen Bainbridge declaimed that "After Boeing, Caremark is no longer 'the most difficult theory in corporation law...

A Few Comments On The SEC's Proposed Claw Back Rules

Earlier this month, the Securities and Exchange Commission announced that it was reopening the comment period on proposed rules for listing standards for the recovery of erroneously awarded compensation. The SEC first proposed the rules way back in...

Secretary Of State Claims "Round Robin" Board Selection Process Solves Discrimination

"A Round Robin is a Name given by Seamen, to an Instrument on which they sign their Names round a Circle, to prevent the Ring-leader being discover'd by it, if found."*

Does The Secretary Of State Misapprehend California's Board Quota Requirement?

As noted in prior posts, the Secretary of State has filed a motion to dismiss a federal court challenge to California's director quota laws (SB 826 and AB 979). The Secretary's brief includes several remarkable and troubling assertions. For example,...

Can A Corporation Change Its Board Size In Proprio Motu?

As noted in yesterday's post, Secretary of State Shirley N. Weber is asking U.S. District Court Judge R. Gary Klausner to dismiss a challenge to California's board quota statutes. In her motion to dismiss, the Secretary of State advances the...

State Seeks Dismissal Of Federal Court Challenge To California Quota Laws

In July, a Texas non-profit membership association filed a complaint in the United States District Court for the Central District (Western Division) of California, Alliance For Fair Board Recruitment v. Weber, Case No. 2:21-cv-05644-RGK-RAO (July...