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Corporate

Dec. 10, 2019

Legal challenges to minimum female director law: not a deluge, a drizzle

To paraphrase Mark Twain, reports of the wave of litigation that was expected to follow enactment of California’s Senate Bill 826, which requires a minimum number of women directors in publicly traded California-based companies, have been “greatly exaggerated.”

Teresa L. Johnson

Partner
Arnold & Porter Kaye Scholer LLP

Email: teresa.johnson@arnoldporter.com

Teresa is co-head of the firm's Capital Markets Transactions practice. Her practice includes advising corporations on corporate governance, securities and finance matters.

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Amy V. Endicott

Senior Associate
Arnold & Porter Kaye Scholer LLP

Email: amy.endicott@arnoldporter.com

Amy represents clients in complex commercial litigation and international disputes.

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To paraphrase Mark Twain, reports of the wave of litigation that was expected to follow enactment of California's Senate Bill 826 (which requires a minimum number of women directors in publicly traded California-based companies), have been "greatly exaggerated."

In 2018, the passage of SB 826 was met with extreme skepticism, as industry participants, the media, and academics questioned the constitutionality of a sex-based requireme...

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