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. After Congress passed the Private Securities Litigation Reform Act of 1995, I read and chronicled every Reform Act court decision over the next several years. As a senior associate and, later, a junior partner, I wrote articles, helped my mentors prepare for speeches, and then started speaking myself. I also began to discuss securities litigation issues behind the scenes with other defense lawyers, plaintiffs’ lawyers, and D&O insurers and brokers, and enjoyed the collegiality those discussions involved.
My connection with this broader group of repeat players in securities litigation was the seed of the D&O Discourse blog—my posts are basically the types of discussions I’ve had over the years. In setting up the blog, I got good advice from mentors: write with at least one specific person in mind; address issues I care about; and avoid trying to chronicle new developments. That advice led to the feature of the blog people seem to like the most: I call it like I see it. But, to be candid about this too, I get butterflies every time I hit “enter” to send a pointed post out into the insensitive internet.
I’m grateful for the time my colleagues let me spend on the blog; for friends who generously take time to kick around draft posts; and for readers who take time to read what I write—it’s still humbling that so many people care what I have to say.
People sometimes ask me about my favorite posts. Here is a list of one of my favorite posts from each year of the blog:
- Year 5: Who Is Winning the Securities Class Action War—Plaintiffs or Defendants? (4-part series)
- Year 4: 5 Wishes for Securities Litigation Defense (5-part series)
- Year 3: Why are Companies and their Directors and Officers Still Behind on Cyber Security Oversight and Disclosure?
- Year 2: Is the Demise of the Fraud-on-the-Market Doctrine Near? Be Careful What You Wish For
- Year 1: Falsity is Fundamental: The Case for Emphasizing Arguments against Falsity