Defense Counsel

D&O Discourse’s 5th Anniversary

By Doug Greene on October 31, 2017

Posted in Class Certification, Cyber Security, D&O Discourse News, Defense Costs, Defense Counsel, Falsity Analysis, Plaintiffs' Bar, Supreme Court

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…

Wrap-up: “Who is Winning the Securities Class Action War—Plaintiffs or Defendants?”

By Doug Greene on May 30, 2017

Posted in D&O Insurance, D&O Insurance Brokers, Defense Costs, Defense Counsel, Litigation Reforms, Litigation Strategy, Securities Class Action, Supreme Court

I am grateful for the enthusiastic feedback I’ve received on my three-part blog post “Who is Winning the Securities Class Action War—Plaintiffs or Defendants?” I especially appreciate the time Kevin LaCroix took to write a post addressing my post in his leading blog, The D&O Diary.

With the benefit of 25 years’ experience…

Who Is Winning the Securities Class Action War—Plaintiffs or Defendants? (Part III)

By Doug Greene on May 15, 2017

Posted in D&O Insurance, D&O Insurance Brokers, Defense Costs, Defense Counsel, Litigation Reforms, Litigation Strategy, Plaintiffs' Bar, Securities Class Action, Supreme Court, Uncategorized

This is the third of a three-part post that analyzes why plaintiffs are winning the securities class action war and what defendants can do about it.

At stake is a system of securities litigation that sets up one side or the other to win more cases in the long term. It has real-world consequences for…

Who is Winning the Securities Class Action War—Plaintiffs or Defendants? (Part II)

By Doug Greene on May 8, 2017

Posted in Class Certification, D&O Insurance, Defense Costs, Defense Counsel, Litigation Reforms, Litigation Strategy, Plaintiffs' Bar, Securities Class Action, Summary Judgment, Supreme Court

This is the second of a three-part post evaluating who is winning the securities class action war.

Part I explained that this war is not just a scorecard of wins and losses, but rather a fight for strategic positioning—about achieving a system of securities litigation that sets up plaintiffs or defendants to win more cases…

Who is Winning the Securities Class Action War—Plaintiffs or Defendants?

By Doug Greene on May 1, 2017

Posted in D&O Insurance, Defense Counsel, Litigation Reforms, Litigation Strategy, Plaintiffs' Bar, Safe Harbor, Scienter Analysis, Securities Class Action

The securities class action war is about far more than the height of the pleading hurdles plaintiffs must clear, the scorecard of motions to dismiss won and lost, or median settlement amounts. It is a fight for strategic positioning—about achieving a system of securities litigation that sets up one side or the other to win…

3 Key Securities Litigation Developments of 2016

By Doug Greene on December 27, 2016

Posted in 2nd Circuit, 7th Circuit, 9th Circuit, Class Certification, Cyber Security, Defense Costs, Defense Counsel, Falsity Analysis, M&A Litigation, Motions to Dismiss, Plaintiffs' Bar, SEC, SEC Enforcement, Securities Class Action, Securities Class Action Statistics, Settlement, Statements of Opinion, Supreme Court

Following is an article I wrote for Law360, which gave me permission to republish it here:

Among securities litigators, there is no consensus about the importance of developments in securities and corporate governance litigation. For some, a Supreme Court decision is always supreme. For others, a major change in a legal standard is the most…

Lessons Learned in London

By Doug Greene on November 30, 2016

Posted in Cyber Security, D&O Insurance, D&O Insurance Brokers, Defense Costs, Defense Counsel, Plaintiffs' Bar, Securities Class Action, Supreme Court

Earlier this month, I spent a week in the birthplace of D&O insurance, London. In addition to moderating a panel at Advisen’s European Executive Risks Insights Conference, I met with many energetic and talented D&O insurance professionals, both veterans and rising stars, to discuss U.S. securities litigation and regulatory risks. Themes emerged on some key…

5 Wishes for Securities Litigation Defense: Greater Director Involvement in Securities Litigation Defense and D&O Insurance

By Doug Greene on July 18, 2016

Posted in Board Oversight, Corporate Governance, D&O Insurance, D&O Insurance Brokers, Defense Costs, Defense Counsel, Plaintiffs' Bar, Securities Class Action, Securities Class Action Statistics

One of my “5 Wishes for Securities Litigation Defense” (April 30, 2016 post) is greater involvement by boards of directors in decisions concerning D&O insurance and the defense of securities litigation, including defense-counsel selection. Far too often, directors cede these critical strategic decisions to management.

For most directors, securities litigation is a mysterious…

5 Wishes for Securities Litigation Defense: Effective Use of the Supreme Court’s Omnicare Decision

By Doug Greene on June 29, 2016

Posted in Defense Counsel, Falsity Analysis, Litigation Strategy, Motions to Dismiss, Safe Harbor, Scienter Analysis, Securities Class Action, Statements of Opinion, Supreme Court

In this installment of the D&O Discourse series “5 Wishes for Securities Litigation Defense,” we discuss the third of five changes that would significantly improve securities litigation defense: to make the Supreme Court’s Omnicare decision a primary tool in the defense of securities class actions.

As a reminder, in Omnicare, Inc. v. Laborers…

5 Wishes for Securities Litigation Defense: Greater Insurer Involvement in Defense-Counsel Selection and Strategy

By Doug Greene on May 31, 2016

Posted in Corporate Governance, D&O Insurance, Defense Costs, Defense Counsel, Litigation Strategy, Securities Class Action, Securities Class Action Statistics, Settlement

One of my “5 Wishes for Securities Litigation Defense” (April 30, 2016 post) is greater D&O insurer involvement in securities class action defense.

This simple step would have extensive benefits for public companies and their directors and officers. D&O insurers are repeat players in securities litigation, and they have the greatest economic interest…

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.