Washington, D.C. — Continuing the fight against unconstitutional racial and gender-based discrimination in corporate America, Boyden Gray PLLC Managing Partner Jonathan Berry welcomed the U.S. Court of Appeals for the Fifth Circuit’s decision to proceed with a full review of its panel ruling last October in Alliance for Fair Board Recruitment v. SEC. Boyden Gray PLLC, on behalf of the plaintiffs, petitioned the Court for en banc reconsideration of its prior opinion, which rendered a staggering number of companies vulnerable to unconstitutional racial quotas, blatant racial and gender-based discrimination, or, in the alternative, the ire of both the SEC and the social justice movement. 

“We welcome the Court’s decision to grant our petition for rehearing and to discard its disappointing prior opinion,” said Berry“The Fifth Amendment is extremely clear on the status of discrimination based on race and gender. This rule is in obvious violation of those values and we will continue the fight to eliminate racial discrimination in corporate America.”

In 2022, Berry argued in court against the Nasdaq stock exchange’s board diversity quota, which requires listed companies to have certain numbers of racial or sexual minorities and women on their boards of directors or publicly “explain” in writing why they failed to do so. The Securities and Exchange Commission (SEC) approved the rule, obligating Nasdaq to enforce its quota rule on companies, which the SEC must police. 

Boyden Gray PLLC is engaged in a multi-front fight against efforts across the nation to impose progressive politics on American boardrooms:

  • In August 2023, Boyden Gray PLLC, America First Legal, and Lawson Huck Gonzalez filed a lawsuit against Target Corporation and its Board of Directors on behalf of a Target shareholder for misleading Target investors about its Environmental, Social, and Governance (ESG) and Diversity, Equity, and Inclusion (DEI) mandates, causing Target shareholders to lose billions.
  • In May 2023, the firm and the Alliance for Fair Board Recruitment welcomed a landmark ruling from the U.S. District Court for the Eastern District of California holding that AB 979 — a California law mandating racial diversity quotas for corporate boards — violates the Constitution and the Civil Rights Act of 1866.
  • Also in May 2023, the firm led a lawsuit against the SEC in the U.S. Court of Appeals for the Fifth Circuit, seeking to hold the agency accountable for helping Kroger engage in viewpoint discrimination. The court ordered the SEC to stand down while the lawsuit continues.     

Boyden Gray PLLC provides clients with strategic counsel, regulatory engagement, and impact litigation on the most difficult issues across law, public policy, and politics. The firm advises clients—including corporations, shareholders, trade associations, and workers—across a range of sectors, including energy, financial services, healthcare, and nonprofit. Its attorneys are all experienced litigators, and the firm regularly represents clients before federal trial and appellate courts, including parties and amici before the Supreme Court of the United States. 

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