10th Circuit

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

By Doug Greene on August 13, 2017

Posted in 10th Circuit, Falsity Analysis, Fraud-on-the-Market Doctrine, Litigation Reforms, Scienter Analysis, Statements of Opinion, Supreme Court

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 Paper titled “US Supreme Court Securities-Fraud Jurisprudence: An Emerging New Direction?”

In our Working Paper, we analyze whether Justice Gorsuch may urge…

Matrixx Did Not, and Could Not, Authorize Shortcuts in Reform Act Scienter Analysis, Despite Plaintiffs’ Claims to the Contrary

By Doug Greene on August 20, 2013

Posted in 10th Circuit, 6th Circuit, 9th Circuit, Litigation Reforms, Motions to Dismiss, Plaintiffs' Bar, Scienter Analysis, Securities Class Action, Supreme Court

As I have previously written, the Sixth Circuit’s erroneous interpretation of the scienter component of the Supreme Court’s decision in Matrixx Initiatives, Inc. v. Siracusano, 131 S. Ct. 1309 (2011), is one of the biggest threats to the protections of the Private Securities Litigation Reform Act.

The resulting flawed analysis – which I …

Looking Ahead: Forthcoming 2013 Securities and Corporate Governance Litigation Developments

By Doug Greene on February 20, 2013

Posted in 10th Circuit, 6th Circuit, 9th Circuit, Class Certification, Corporate Governance, Delaware Courts, Plaintiffs' Bar, Section 220, Securities Class Action, Shareholder Derivative Action, Supreme Court

This promises to be an eventful year in securities and corporate governance litigation. A number of looming developments have the potential to change the landscape for many years to come. This is the first of two posts – or three, if I get carried away – discussing some of these developments.

The Delaware Supreme Court’s …

Doug Greene

Doug is one of the most experienced and successful securities and governance litigators in the United States. He defends and counsels clients in securities class…

Doug is one of the most experienced and successful securities and governance litigators in the United States. He defends and counsels clients in securities class actions, shareholder derivative actions, shareholder challenges to mergers and acquisitions, SEC investigations, and internal investigations.

D&O Discourse

10th Circuit

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

Matrixx Did Not, and Could Not, Authorize Shortcuts in Reform Act Scienter Analysis, Despite Plaintiffs’ Claims to the Contrary

Looking Ahead: Forthcoming 2013 Securities and Corporate Governance Litigation Developments

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