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D&O Discourse
94 published works
D&O Discourse
Is the Reform Act’s Safe Harbor Truly Safe?
By Doug Greene
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…
D&O Discourse
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…
D&O Discourse
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…
D&O Discourse
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…
D&O Discourse
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…
D&O Discourse
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…
D&O Discourse
<em>Omnicare</em>, 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…
D&O Discourse
Is <em>Blue Apron</em> 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…
D&O Discourse
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…
D&O Discourse
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…