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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…

The State of Securities Litigation: Good Communication is Key to Improving Securities Litigation Outcomes

By Doug Greene on July 12, 2022

Posted in D&O Insurance, D&O Insurance Brokers, Defense Costs, Defense Counsel, Litigation Reforms, Litigation Strategy, Motions to Dismiss, Omnicare, Securities Class Action, Settlement, State of Securities and Governance Litigation

I am evangelical about the importance of defense counsel working collegially with D&O insurers and brokers – the repeat players in securities and governance litigation – in the defense of litigation against our common clients. In the big picture, this type of collegiality is the key to putting “litigation” back in “securities litigation” and to…

The State of Securities Litigation

By Doug Greene on April 6, 2022

Posted in D&O Insurance, D&O Insurance Brokers, Defense Costs, Defense Counsel, Fraud-on-the-Market Doctrine, Litigation Reforms, Litigation Strategy, Motions to Dismiss, Plaintiffs' Bar, Securities Class Action, Securities Class Action Statistics, State of Securities and Governance Litigation, Supreme Court

In 2012, I started the D&O Discourse blog to have a discussion among the repeat players in securities and corporate governance litigation: insurers, brokers, mediators, economists, plaintiffs’ counsel, and defense counsel. I share opinions from the defense-counsel perspective, but I call it like I see it. For example, in a post in anticipation of the…

PLUS D&O Symposium: Contingent Liability Insurance for Securities Class Action Trials

By Doug Greene on May 3, 2021

Posted in Class Certification, D&O Discourse News, D&O Insurance, D&O Insurance Brokers, Defense Counsel, Litigation Reforms, Litigation Strategy, Plaintiffs' Bar, Securities Class Action, Securities Class Action Statistics, Settlement, Summary Judgment, Uncategorized

It was a great honor to moderate a Professional Liability Underwriting Society D&O Symposium panel on the ability of Contingent Liability (CL) insurance to improve outcomes in securities class actions (SCA).

Randy Hein, President of Berkley Transactional (Berkley Professional Liability), pioneer of CL for SCAs; Kara Altenbaumer-Price, executive risk broker at…

Is Blue Apron a Silver Bullet?

By Doug Greene on March 30, 2020

Posted in 1933 Act Defense Strategy, Cyan, D&O Insurance, D&O Insurance Brokers, Defense Costs, Defense Counsel, Litigation Reforms, Litigation Strategy, Omnicare, Statements of Opinion, Supreme Court

In Salzberg, et al. v. Sciabacucchi, No. 346, 2019 (Del. Mar. 18, 2020) (“Blue Apron”), the Delaware Supreme Court upheld the facial validity of federal-forum provisions (FFPs) in a Delaware corporation’s certificate of incorporation requiring actions arising under the Securities Act of 1933 to be filed exclusively in federal court. Here is Kevin LaCroix’s…

Can We Talk?

By Doug Greene on January 10, 2020

Posted in D&O Insurance, D&O Insurance Brokers, Defense Costs, Defense Counsel, Litigation Strategy, Plaintiffs' Bar, Securities Class Action, Securities Class Action Statistics

Last month, D&O insurance lawyer John McCarrick and D&O insurance executive Paul Schiavone published a guest post on Kevin LaCroix’s blog, The D&O Diary, titled “Is it Time to Revisit the Scope of D&O Coverage?” John and Kevin’s post has triggered response posts from four policyholder advocates: Kevin of RT ProExec (response…

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…

Be Careful What You Wish For, Part II: Would Companies Be Better Off Without the Fraud-on-the-Market Doctrine?

By Doug Greene on February 13, 2017

Posted in D&O Insurance, D&O Insurance Brokers, Fraud-on-the-Market Doctrine, Lead Plaintiffs, Litigation Reforms, Litigation Strategy, SEC Enforcement, Securities Class Action, Supreme Court

The villain in the fight against securities class actions is the fraud-on-the-market presumption of reliance established by the U.S. Supreme Court in 1988 in Basic Inc. v. Levinson, 485 U.S. 224 (1988). Without Basic, the thinking goes, a plaintiff could not maintain a securities class action, and without securities class actions, executives could…

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…

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.