SEC's Board Diversity Drive Runs Risk of More Legal Challenges
October 22, 2021
Howard Berkenblit was quoted in the article, "SEC's Board Diversity Drive Runs Risk of More Legal Challenges," which was published by Bloomberg Law on October 22, 2021.
In the article, Howard notes that the main challenge to a disclosure rule would be whether it's outside of the SEC's rulemaking authority and requires information from companies that isn't material to investors: "[t]hese would seem to be more difficult claims to support than those currently being launched against the Nasdaq rule." Howard also commented he was "not convinced the suits challenging Nasdaq's rules will prevail, but they certainly may delay implementation."