Douglas W. Greene

Douglas W. Greene

Lane Powell PC

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First Take on Halliburton II: The Price-Impact Rule May Not Have Much Practical Impact

Yesterday’s Supreme Court decision in Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II) may well have the lowest impact-to-fanfare ratio of any Supreme Court securities decision. Despite the social-media-fueled...more

6/24/2014 - Basic v Levinson Class Action Class Certification Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Presumption of Reliance SCOTUS Securities Fraud

Cybersecurity Securities Class Actions are Coming: Predictions, Analysis, and Practical Guidance

Last fall, I wrote about board oversight of cybersecurity and derivative litigation in the wake of cybersecurity breaches. I plan to update my thoughts later this year, after we see developments in the recently filed Target...more

5/21/2014 - Class Action Corporate Counsel Corporate Governance Corporate Officers Cybersecurity Data Breach Derivative Suit Disclosure Requirements Risk Management Securities Securities Litigation Target Wyndham

D&O Discourse Authors Davis and Greene to File Amicus Brief in Omnicare Case

My partner Claire Loebs Davis and I are honored to be working with Washington Legal Foundation on a U.S. Supreme Court amicus brief in the Omnicare securities class action. Omnicare concerns what makes a statement of opinion...more

4/15/2014 - Board of Directors Class Action Corporate Officers D&O Insurance Omnicare SCOTUS Securities

Falsity is Fundamental: The Case for Emphasizing Arguments against Falsity

In defending a securities class action, a motion to dismiss is almost automatic, and in virtually all cases, it makes good strategic sense. In most cases, there are only four main arguments...more

10/8/2013 - Class Action False Statements Litigation Strategies Loss Causation Motion to Dismiss Pleading Standards Safe Harbors Scienter

Board Oversight of Cyber Security and Cyber-Security Disclosures: Answers to Some of the Key Questions

Cyber security is top of mind for companies, and cyber-security oversight is top of mind for corporate directors. I recently co-moderated a panel discussion for directors on board oversight of cyber security and...more

10/3/2013 - Board of Directors Business Judgment Rule Class Action Corporate Counsel Corporate Governance Cyber Insurance Cybersecurity Data Protection Disclosure Requirements Fiduciary Duty

Defense of Securities Class Action by Company’s Regular Outside Corporate Counsel: Conflict Issues and Strategic Considerations

When selecting counsel to defend them against a securities class action, companies usually face the question of whether they want to hire attorneys from their regular outside corporate firm. Sometimes, companies will retain...more

6/13/2013 - Class Action Conflicts of Interest Securities Fraud

Effective Securities Litigation Defense Requires a High Thought-to-Action Ratio

I recently had occasion to review a number of motion-to-dismiss rulings, including some in which denial of the motion seemed to be an easy call. I’ve since been mulling over whether there are circumstances in which it would...more

5/28/2013 - Class Action Class Certification Document Requests Litigation Strategies Motion to Dismiss Settlement

Flawed Confidential Witness Allegations: A Crucial Issue in Securities Class Action Litigation

The recurring and pervasive problem of flawed confidential witness (“CW”) allegations tops my list of the key issues in securities class action litigation.* I don’t mean just notorious situations such as those recently at...more

4/4/2013 - Boeing Class Action Confidential Witnesses Discovery Fraud Lockheed Martin Motion to Dismiss Pleadings Rule 11 SunTrust

First Take on Amgen Decision: Supreme Court “Basically” Endorses Status Quo

The Supreme Court released its anxiously awaited decision in Amgen Inc. v. Connecticut Retirement Plans yesterday. On the face of the decision, it was a loss for defendants in that case, and for companies everywhere that are...more

2/28/2013 - Amgen Amgen Inc. v Connecticut Retirement Plans Class Action Class Certification Fraud-on-the-Market Rebuttable Presumptions SCOTUS Securities Securities Fraud Securities Litigation

Looking Ahead: Forthcoming 2013 Securities and Corporate Governance Litigation Developments

This promises to be an eventful year in securities and corporate governance litigation. A number of looming developments have the potential to change the landscape for many years to come. This is the first of two posts – or...more

2/21/2013 - Amgen Books & Records Class Action Corporate Governance Derivative Suit Drug Manufacturers Scienter Section 220 Request Securities Shareholder Litigation

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