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ARTICLE · 29 AUGUST 2022

Discussing The NASDAQ Board Diversity Rule Challenge

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Board diversity continues to be a concerted area of focus for companies, investors, regulators and other stakeholders. Progress continues and the importance of board diversity is underscored...

United StatesCorporate/Commercial Law

Board diversity continues to be a concerted area of focus for companies, investors, regulators and other stakeholders.  Progress continues and the importance of board diversity is underscored by compelling findings on the positive impacts on corporate performance, business value, ability to attract and retain talent, and stakeholder engagement.

There are various rule-based approaches to increasing diversity on corporate boards.  The NASDAQ rule takes a disclosure – rather than a mandate – approach in essentially requiring listed companies to disclose board diversity statistics and have, or disclose why they do not have, a minimum of two diverse board members.  Transparency and disclosure continue to be common threads in ESG and board diversity.

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