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D&O Discourse
94 published works
D&O Discourse
Securities Claims Based on Item 303 of Regulation S-K: It Just Doesn’t Matter
By Doug Greene
Does Item 303 of Regulation S-K matter in private securities litigation? In Stratte-McClure v. Morgan Stanley, 776 F.3d 94 (2nd Cir. 2015), the Second Circuit held that Item 303 imposes a…
D&O Discourse
Fixing the Economics of Securities Class Action Defense: Nationwide Defense by Full-Time Securities Litigators
By Doug Greene
In my last D&O Discourse post, “The Future of Securities Class Action Litigation,” I discussed why changes to the securities litigation defense bar are inevitable: in a nutshell, the economic structures…
D&O Discourse
The Evolution of Securities Class Action Litigation
By Doug Greene
Securities litigation has a culture defined by multiple elements: the types of cases filed, the plaintiffs’ lawyers who file them, the defense counsel who defend them, the characteristics of the…
D&O Discourse
Hey There Fellow Securities Defense Lawyers: Omnicare is GOOD for Us!
By Doug Greene
If correctly understood and applied, the Supreme Court’s decision in Omnicare, Inc. v. Laborers Dist. Council Const. Industry Pension Fund, 135 S. Ct. 1318 (2015), will allow corporate officers to…
D&O Discourse
Corralling and Curtailing Merger Litigation: Lessons Learned from Past Securities and Corporate Governance Litigation Reform
By Doug Greene
In the world of securities and corporate governance litigation, we are always in the middle of a reform discussion of some variety. For the past several years, there has been…
D&O Discourse
Supreme Court’s Omnicare Decision Follows Middle Path Advocated by WLF
By Doug Greene, Claire Loebs Davis
In the opinion issued yesterday in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund (“Omnicare”), the Supreme Court rejected the two extremes advocated by the parties regarding how the…
D&O Discourse
Cybersecurity Securities Class Actions: A Wave or Trickle?
By Doug Greene
One of the foremost uncertainties in securities and corporate governance litigation is the extent to which cybersecurity will become a significant D&O liability issue. Although many D&O practitioners have been…
D&O Discourse
Securities Litigation Economics: A Blast from the Past
By Doug Greene
Securities litigation headlines are dominated by mega-cases. But the majority of securities class actions are brought against smaller companies. And it appears that plaintiffs’ lawyers are filing an increasingly large…
D&O Discourse
Top 5 Securities and Corporate Governance Litigation Developments of 2014
By Doug Greene
This year will be remembered as the year of the Super Bowl of securities litigation, Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”), 134 S. Ct. 2398 (2014),…
D&O Discourse
Omnicare Court Ponders Two Middle Paths: One Rocky, One Smooth
By Doug Greene, Claire Loebs Davis
Monday’s oral argument before the Supreme Court in Laborers District Counsel Construction Industry Pension Fund v. Omnicare, Inc. (“Omnicare”) was remarkable in that, as Omnicare attorney Kannon Shanmugam noted, it was…