The Fifth Circuit Invalidates the SEC’s Rescission of Notice-And-Awareness Provisions

The Latest in the Saga of the SEC’s Regulation of Proxy Advisory Firms

On June 26, 2024, the Fifth Circuit Court of Appeals vacated a significant part of a 2022 Securities and Exchange Commission (SEC) rulemaking, which itself was a reversal of the agency’s 2020 amendments to the rules relating to proxy voting advice produced and disseminated by proxy advisory firms. This is the latest chapter in the long, and as yet unfinished, story of SEC regulation of proxy advisory firms.