October 18, 2023
The Fifth Circuit on Wednesday refused to entertain a lawsuit challenging a Nasdaq Stock Market rule requiring corporations that list on the exchange to disclose board diversity data, ruling that the exchange is a private entity not subject to constitutional scrutiny.
August 29, 2022
A Fifth Circuit judge on Monday sharply questioned conservative activists trying to overturn a Nasdaq rule requiring the disclosure of board diversity data, asking whether the U.S. Securities and Exchange Commission's approval of the rule left it open to a constitutional challenge.