The most frequent question I’ve been asked about the SEC’s proposed SPAC rules concerns the provision that would make unavailable the Private Securities Litigation Reform Act’s safe harbor for forward-looking statements with respect to de-SPAC transactions: would this change increase
Doug Greene
Doug Greene publishes D&O Discourse, a blog focused on securities and corporate governance litigation. The content primarily addresses defense strategies in securities class actions under the Securities Act of 1933 and the Securities Exchange Act of 1934. Topics include litigation trends, arbitration of securities claims, mediation tactics, summary judgment, and the role of D&O insurers and brokers in litigation defense. The blog provides analysis of procedural and substantive issues in securities class actions, including class certification, loss causation, and the impact of legal reforms. It serves as a resource for defense lawyers, insurers, brokers, and corporate counsel involved in securities litigation.
Latest from Doug Greene - Page 2
Three Key Takeaways from Second Circuit’s Latest Section 10(b) Securities Class-Action Decision
By Doug Greene
This week, my team and I again had the honor of writing for Washington Legal Foundation’s Legal Backgrounders series.
In this article, Zach Taylor, Gen York-Erwin, and I discussed the Second Circuit’s recent decision in Arkansas Pub. Emps.…
The State of Securities Litigation
By Doug Greene
In 2012, I started the D&O Discourse blog to have a discussion among the repeat players in securities and corporate governance litigation: insurers, brokers, mediators, economists, plaintiffs’ counsel, and defense counsel. I share opinions from the defense-counsel perspective, but I…
Ninth Circuit Cuts Securities Plaintiffs Slack on Standing
By Doug Greene
Since 2014, I have had the privilege of working with D.C. public-interest law firm and policy center Washington Legal Foundation on several securities litigation amicus briefs, including in Omnicare, and numerous articles on key securities litigation issues.
In our latest…
PLUS D&O Symposium: Contingent Liability Insurance for Securities Class Action Trials
By Doug Greene
It was a great honor to moderate a Professional Liability Underwriting Society D&O Symposium panel on the ability of Contingent Liability (CL) insurance to improve outcomes in securities class actions (SCA).
Randy Hein, President of Berkley Transactional (Berkley…
Securities and Governance Litigation Risks from COVID-19
By Doug Greene
The history of securities litigation is marked by waves: from the IPO laddering cases, to the Sarbanes-Oxley era corporate scandal cases, to stock options backdating, to the credit crisis, to the Chinese reverse-merger cases, to event-driven/lawsuit blueprint cases, certain…
Omnicare, Five Years Later: Strategies for Securities Defense Lawyers’ More Effective Use of the Decision
By Doug Greene
The chance to help Washington Legal Foundation with a U.S. Supreme Court amicus brief in the Omnicare case was an honor. Statements of opinion are ubiquitous in corporate communications on issues as diverse as asset valuations, strength of current performance,…
Is Blue Apron a Silver Bullet?
By Doug Greene
In Salzberg, et al. v. Sciabacucchi, No. 346, 2019 (Del. Mar. 18, 2020) (“Blue Apron”), the Delaware Supreme Court upheld the facial validity of federal-forum provisions (FFPs) in a Delaware corporation’s certificate of incorporation requiring actions arising under the Securities…
Can We Talk?
By Doug Greene
Last month, D&O insurance lawyer John McCarrick and D&O insurance executive Paul Schiavone published a guest post on Kevin LaCroix’s blog, The D&O Diary, titled “Is it Time to Revisit the Scope of D&O Coverage?” John and Kevin’s…
Putting “Litigation” Back in “Securities Litigation”
By Doug Greene
D&O Discourse is a forum for discussion of key issues in securities and governance litigation, to help improve litigation outcomes for public companies and their directors and officers, and D&O insurers and brokers, in specific cases and overall.
This post discusses a fundamental, structural, and deepening problem…