Daily Archives: March 19, 2025, 7:45 am

Gap Flags DEI Scrutiny as New Risk Factor in Shareholder Report

The Gap, Inc. told investors on Tuesday that heightened scrutiny of corporate diversity, equity and inclusion initiatives posed a risk to its business. In its 10-K annual report, the clothing giant pointed to mounting attention on DEI, adding that “negative perception of our diversity, equity, and inclusion initiatives, whether due to perceived over or under pursuit of such initiatives, may…

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SEC Enforcement Director Loses Obama-Era Subpoena Authority

The SEC under Trump-appointed leadership is widely expected to target traditional fraud rather than disclosure-based infractions, setting itself apart from Biden-era Chair Gary Gensler and perceptions he was too aggressive cracking down on climate and other disclosures. Stripping the enforcement director of the delegated order authority may have the unintended consequence of shifting more investigations toward regulated entities that are…

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Paul Weiss—and Big Law—Face ‘An Existential Threat’ Amid Intensifying Trump Administration Pressure

President Donald Trump’s order targeting Paul, Weiss, Rifkind, Wharton & Garrison late Friday may inflict significant damage to the New York law firm, both in client matters and in a larger battle for top talent, according to legal experts and observers. It’s also part of a wider strategy that the Trump administration appears to be waging against many in Big…

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Cybersecurity and the Duty of Oversight | The D&O Diary

In the immediate aftermath of the Delaware Supreme Court’s 2019 decision in Marchand v. Barnhill, which revitalized so-called Caremark claims for breach of the duty of oversight, one question I was asked was whether claimants might seek to assert breach of the duty of oversight claims in the context of cybersecurity and data privacy issues. Claimants did, in fact, subsequently raise Caremark claims…

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