I’d like to update D&O Discourse readers on our companion blog, D&O Developments, launched last spring.

As a reminder, D&O Developments primarily reports and digests published appellate decisions in Private Securities Litigation Reform Act cases.  D&O Developments complements D&O Discourse, which provides monthly in-depth opinion on key issues of law and practice in the world of securities and corporate governance litigation.

Various members of our Securities Litigation Practice Group contribute pieces to D&O Developments.  Over the past quarter, my colleagues have published many helpful posts:

In addition, Bret Finkelstein and I wrote an article for Washington Legal Foundation’s Legal Pulse blog about the Align Technology decision:

Please consider subscribing to D&O Developments as well as D&O Discourse, through the Subscribe function located on the right-hand side of the page of both blogs.  Just scroll down a little, enter your email address, and click “Subscribe.”

Thank you for your support of D&O Discourse.  I hope you’re enjoying D&O Developments as well.

In a matter of first impression in the Ninth Circuit, the court applied the Supreme Court’s Omnicare standard for pleading the falsity of a statement of opinion in City of Dearborn Heights Act 345 Police & Fire Retirement System v. Align Technology, Inc., — F.3d —, 2017 WL 1753276 (9th Cir. May 5, 2017).  The Ninth Circuit decision builds on the momentum for the defense bar following the 2016 Second Circuit opinion in Tongue v. Sanofi, 816 F.3d 199 (2d Cir. 2016), correctly applies the rationale of Omnicare to Section 10(b) cases, and applies the Omnicare falsity analysis to an important category of statements of opinion: accounting reserves.

My colleague Bret Finkelstein and I wrote about Align for Washington Legal Foundation’s The Legal Pulse blog.  To read our analysis, please see our post.