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D&O Discourse

By Doug Greene Visit the blog

94 published works

  1. D&O Discourse

    D&O Discourse is Back!

    By Doug Greene

    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…

  2. D&O Discourse

    D&O Discourse’s 5th Anniversary

    By Doug Greene

    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…

  3. D&O Discourse

    Doug Greene and Kristin Beneski Assist Washington Legal Foundation with US Supreme Court <em>Amicus</em> Brief in <em>Cyan</em> Securities Class Action

    By Doug Greene

    Today, my colleague Kristin Beneski and I were honored to file a US Supreme Court amicus brief on behalf of the Washington Legal Foundation (“WLF”) in Cyan, Inc. v. Beaver…

  4. D&O Discourse

    US Supreme Court Securities-Fraud Jurisprudence: An Emerging New Direction?

    By Doug Greene

    How will the 2017 arrival of Justice Neil Gorsuch influence the US Supreme Court’s securities-fraud jurisprudence? My colleague Kristin Beneski and I discuss this question in a Washington Legal Foundation Working…

  5. D&O Discourse

    Mandatory Arbitration of Securities Disclosure Disputes Is a Bad Idea—For Defendants

    By Doug Greene

    SEC Commissioner Michael Piwowar recently said that the SEC is open to allowing companies that are going public to provide for mandatory shareholder arbitration in their corporate charters.  Piwowar’s remarks…

  6. D&O Discourse

    From Sea to Shining Sea: The Ninth Circuit Aligns with the Second Circuit in Affirming <em>Omnicare</em>‘s Benefits for Defendants

    By Doug Greene

    In a matter of first impression in the Ninth Circuit, the court applied the Supreme Court’s Omnicare standard for pleading the falsity of a statement of opinion in City of…

  7. D&O Discourse

    Wrap-up: “Who is Winning the Securities Class Action War—Plaintiffs or Defendants?”

    By Doug Greene

    I am grateful for the enthusiastic feedback I’ve received on my three-part blog post “Who is Winning the Securities Class Action War—Plaintiffs or Defendants?”  I especially appreciate the time Kevin…

  8. D&O Discourse

    Who Is Winning the Securities Class Action War—Plaintiffs or Defendants? (Part III)

    By Doug Greene

    This is the third of a three-part post that analyzes why plaintiffs are winning the securities class action war and what defendants can do about it. At stake is a…

  9. D&O Discourse

    Who is Winning the Securities Class Action War—Plaintiffs or Defendants? (Part II)

    By Doug Greene

    This is the second of a three-part post evaluating who is winning the securities class action war. Part I explained that this war is not just a scorecard of wins…

  10. D&O Discourse

    Who is Winning the Securities Class Action War—Plaintiffs or Defendants?

    By Doug Greene

    The securities class action war is about far more than the height of the pleading hurdles plaintiffs must clear, the scorecard of motions to dismiss won and lost, or median…