Hunton Retail Law Resource

Last summer, on June 29, 2023, the Supreme Court struck down affirmative action in college admissions in Students for Fair Admissions v. Harvard. Although the decision did not address diversity, equity and inclusion (“DEI”) initiatives outside of the higher education context, parallels were immediately drawn to corporate DEI programs. Over the past year, conservative activist groups have challenged a variety of corporate DEI initiatives, and although this has resulted in a mixed bag of success, companies should be thoughtful about their DEI approaches moving forward as ...

In a speech before the Yale Law School February 2024, SEC Chair Gary Gensler had AI top of mind. Interrupted only by a colorful collection of movie references, Chair Gensler focused almost the entirety of his remarks on AI and the SEC’s corresponding regulatory duties. Chair Gensler addressed the risks associated with AI while cautioning reporting companies to avoid “AI washing” and making boilerplate AI disclosures that are not particularized to the company. The speech nicely underscores the SEC’s two-fold, and at times juxtaposed, concerns about the important emerging technology.