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D&O Discourse
94 published works
D&O Discourse
Myths & Misconceptions of Biotech Securities Claims: An Analysis of Motion to Dismiss Results from 2005-2016
By Doug Greene
By Doug Greene, Genevieve York-Erwin, Michael Tomasulo I. Introduction Small, development stage biotech companies are widely considered to be attractive targets for securities actions given the inherent risks of the…
D&O Discourse
Be Careful What You Wish For, Part II: Would Companies Be Better Off Without the Fraud-on-the-Market Doctrine?
By Doug Greene
The villain in the fight against securities class actions is the fraud-on-the-market presumption of reliance established by the U.S. Supreme Court in 1988 in Basic Inc. v. Levinson, 485 U.S. 224…
D&O Discourse
Be Careful What You Wish For, Part I: Does the Reform Act Need Reforming?
By Doug Greene
The history of securities and corporate governance litigation is full of wishes about the law that we later regret (or will), or are happy were not granted. Many of these…
D&O Discourse
3 Key Securities Litigation Developments of 2016
By Doug Greene
Following is an article I wrote for Law360, which gave me permission to republish it here: Among securities litigators, there is no consensus about the importance of developments in securities and corporate governance litigation. …
D&O Discourse
Lessons Learned in London
By Doug Greene
Earlier this month, I spent a week in the birthplace of D&O insurance, London. In addition to moderating a panel at Advisen’s European Executive Risks Insights Conference, I met with…
D&O Discourse
Vote D&O Discourse for Best Legal Blog!
By Doug Greene
I am proud to announce that D&O Discourse has been nominated for The Expert Institute’s Best Legal Blog Competition. From a field of hundreds of potential nominees, D&O Discourse has…
D&O Discourse
Are We Headed into a Perfect Storm of Securities Class Action Filings?
By Doug Greene
The history of securities litigation is marked by particular types of cases that come in waves: the IPO laddering cases, which involved more than 300 issuers and their underwriters; the Sarbanes-Oxley era…
D&O Discourse
5 Wishes for Securities Litigation Defense: Early Damages Analysis and Discovery
By Doug Greene
The fifth of my “5 Wishes for Securities Litigation Defense” (April 30, 2016 post) is to move securities class action damages expert reports and discovery ahead of fact discovery. This…
D&O Discourse
The Decline of the Disclosure-Only Settlement: Will We Regret What We Wished For?
By Doug Greene
In combination with the Delaware Court of Chancery’s decision in In re Trulia, Inc. Stockholder Litigation, 129 A.3d 884 (Del. Ch. 2016), Judge Posner’s blistering opinion In re Walgreen Company…
D&O Discourse
5 Wishes for Securities Litigation Defense: Greater Director Involvement in Securities Litigation Defense and D&O Insurance
By Doug Greene
One of my “5 Wishes for Securities Litigation Defense” (April 30, 2016 post) is greater involvement by boards of directors in decisions concerning D&O insurance and the defense of securities litigation, including defense-counsel…