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Blog: Senators urge the SEC to take action | Cooley LLP


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Democrats and Republicans are busy “lobbying” the SEC these days. Republicans want the SEC to nix Nasdaq’s proposal for new listing rules regarding board diversity and disclosure.  Democrats want the SEC to beef up its insider trading rules in connection with Rule 10b5-1 plans.  Will either find a receptive audience?
Letter from Republican Senators.  In a letter to Acting SEC Chair Allison Lee, Senator Pat Toomey and the other Republican members of the Senate Committee on Banking, Housing, and Urban Affairs asked the SEC to reject the Nasdaq board diversity proposal. You might recall that, at the end of 2020, Nasdaq filed with the SEC a proposal for new listing rules regarding board diversity and disclosure.  The new listing rules would adopt a “comply or explain” mandate for board diversity for most listed companies and require companies listed on Nasdaq’s U.S. exchange to publicly disclose ....

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Nasdaq Proposes Board Diversity Disclosure Rules - Corporate/Commercial Law


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On December 1, 2020, Nasdaq proposed new listing rules related to board
diversity. The proposal was the culmination of Nasdaq s
assessment of a number of factors, including: its engagement with
organizational leaders in the business, investor, governance,
regulatory and civil rights communities, who expressed overwhelming
support for the diversification of boardrooms; its review of
academic research demonstrating that diverse boards are positively
associated with improved corporate governance and financial
performance; and its recognition that legislators at the federal
and state level are increasingly taking action to encourage or ....

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