Damages Analysis

D&O Discourse is 11 Years Old

By Doug Greene on October 18, 2023

Posted in Board Oversight, Class Certification, Corporate Governance, D&O Discourse News, D&O Insurance, D&O Insurance Brokers, Damages Analysis, Defense Costs, Defense Counsel, Falsity Analysis, Fraud-on-the-Market Doctrine, Litigation Reforms, Litigation Strategy, Motions to Dismiss, Omnicare, Securities Class Action, Shareholder Derivative Action, State of Securities and Governance Litigation, Statements of Opinion, Supreme Court

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…

Putting “Litigation” Back in “Securities Litigation”

By Doug Greene on November 19, 2019

Posted in Class Certification, Damages Analysis, Defense Counsel, Litigation Reforms, Litigation Strategy

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…

5 Wishes for Securities Litigation Defense: Early Damages Analysis and Discovery

By Doug Greene on September 6, 2016

Posted in Class Certification, Damages Analysis, Litigation Reforms, Litigation Strategy, Settlement, Supreme Court

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,…

5 Wishes for Securities Litigation Defense

By Doug Greene on April 30, 2016

Posted in Board Oversight, Class Certification, Corporate Governance, D&O Insurance, Damages Analysis, Defense Costs, Defense Counsel, Falsity Analysis, Fraud-on-the-Market Doctrine, Litigation Reforms, Motions to Dismiss, Safe Harbor, Securities Class Action, Securities Class Action Statistics, Statements of Opinion, Supreme Court

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…

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.