TheCorporateCounsel.net

I had a hard time mentally keeping track of the litigation over the exclusion of shareholder proposals from proxy statements this proxy season (even though we were sharing updates here and on The Proxy Season Blog). So I was pleased to find this chart in the O’Melveny quarterly newsletter I shared in my first blog today covering all the litigation – with updates (even reflecting the vote on the shareholder proposals for those that were ultimately submitted to shareholders).

There is also litigation alleging that the change to SEC Staff’s involvement in the Rule 14a-8 process violated the APA. The newsletter has an update on that too:

The lawsuit is still at the motion for summary judgment stage. Although briefing was initially expected to be completed by the end of October 2026, on September 3, 2026, the court granted the parties’ joint motion to hold the litigation in abeyance while they determine how to proceed in light of Corp Fin’s August 2026 decision to permanently withdraw from its participation in the Rule 14a-8 no-action process.

– Meredith Ervine