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
Doug Greene
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Ninth Circuit Cuts Securities Plaintiffs Slack on Standing
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
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
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
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?
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?
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”
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…
D&O Discourse is Back!
Hi, everyone:
When I moved to BakerHostetler to lead its firmwide Securities and Governance Litigation Team, I decided to take a break from publishing D&O Discourse — the blog I started in 2012 to provide in-depth opinion on key issues of law and…
D&O Discourse’s 5th Anniversary
In my law practice, I defend particular clients in particular securities and governance cases. My mission is to get them through the litigation safely and comfortably.
But I’ve always had a broader interest in securities law and practice as well. …