Further to our prior report: “Group Appeals Court Decision on Nasdaq Board Diversity Rule,” as detailed in this Cooley post, the Fifth Circuit US Court of Appeals granted a petition filed by the Alliance for Fair Board Recruitment for an en banc review of the Fifth Circuit’s three-judge panel’s decision that upheld the SEC’s approval of Nasdaq’s board diversity disclosure rule. In doing so, the panel opinion was vacated. Per Cooley’s post, oral argument has tentatively been scheduled for May 13, 2024.