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Last fall, Governor Newsom signed into law Assembly Bill 979 (AB-979) mandating that all California based public company board of directors have at least one non-white board member by the end of 2021. By the end of 2022, boards with five to eight members will be required to have two directors from underrepresented groups and corporations with nine or more directors must have at least three directors from underrepresented communities.
Although public companies have until the end of 2021 or 2022 to make these changes, the replacement of board members can take time. And because AB-979 impacts how board members are removed or replaced, it also necessitates that corporations review and make changes to their bylaws. Where compliance with the law will require the removal of any current board members, companies should be cautious—this type of adverse situation can be risky and expose the corporation to potential liability.
The new law is intended to achieve diversity on corporate boards but does not detail lawful methods for compliance with the requirements. It essentially requires corporations to enact a strict quota system and requires decision-making based on protected classes. It will be interesting to see what legal challenges arise from this. If your company needs advice about diversity in your board of directors, give us a call and we will be happy to help.
This article is informational only and meant to provide guidance. It is not meant to be legal advice and it does not create an attorney-client relationship. For what to do in your specific situation, please consult with a qualified Construction Law attorney.
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I can’t say enough positive things about the incredible team at this attorney’s office. From the moment I spoke with them on the phone, I knew I was in capable hands. Even though I am a North Carolina business I had a very complex case in California. The law firm and attorneys were the best of the many, many law firms I interviewed. I can not say enough how easy they are to work with from start to finish.
Their expertise is unmatched. They navigated the complexities of my case with professionalism and confidence, leaving no stone unturned. Their depth of knowledge and strategic thinking were evident every step of the way.
What truly sets them apart is their genuine care for their clients. They listened to my concerns, answered my questions promptly, and ensured I felt supported throughout the entire process. It’s clear they care about their clients and they’re in it to make a real difference in people’s lives.
The professionalism and attention to detail displayed by this office are outstanding. They kept me informed, were always on time, and made sure I understood every aspect of my case. They turned a potentially stressful situation into a manageable one.
I’m incredibly grateful for the exceptional service and favorable outcome they delivered. If you’re seeking legal representation that combines expertise, compassion, and dedication, look no further. This attorney’s office is a true gem and worthy of every one of these five stars!
Mahyar and her team possess a wealth of construction and business law expertise. Expertise to both guide a client away from litigation and, if not possible, to skillfully represent them in court.
Mahyar Ghassemian and her firm are the best construction dispute litigators and negotiators in the industry. Mahyar is an expert in this area. Her firms knows the law and are very tenacious in obtaining the best results for their clients. I have been involved in very lengthy litigation as co-counsel in a very big case and jury trial. Mahyar is one of the hardest working and most effective advocates I have ever had the privilege of working with.
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