Discussion of Key Issues in Securities & Governance Litigation
In my May post, Making Better Judgments about Summary Judgment in Securities Class Actions, I discussed how we can pick more cases to defend through summary judgment. But, of course, the vast majority of cases will still settle, so we need to discuss how to improve mediation outcomes.
Far too often, defense counsel sets…
I started the D&O Discourse blog in October 2012 to generate discussion among the repeat players in securities and corporate governance litigation: insurers, brokers, mediators, economists, plaintiffs’ counsel, and defense counsel. While I share opinions from a defense-counsel perspective, I call it like I see it.
Here are five of my favorite posts – well…
D&O Discourse is a forum for discussion of key issues in securities and governance litigation, to help improve litigation outcomes for public companies and their directors and officers, and D&O insurers and brokers, in specific cases and overall.
This post discusses a fundamental, structural, and deepening problem with securities class action defense: the lack of…
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 simple change would allow the defendants and their D&O insurers to understand the real economics of cases that survive a motion to dismiss,…
I am committed to helping shape a system for securities litigation defense that helps directors and officers get through securities litigation safely and efficiently, without losing their serenity or dignity, and without facing any real risk of paying any personal funds.
But we are actually moving in the opposite direction of this goal, and unless…