Douglas W. Greene

Douglas W. Greene

Lane Powell PC

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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

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

Public Companies Beware: Safe Harbor Protection Requires Thoughtful Warnings and a Sophisticated Defense

Public companies around the country labor under a misunderstanding: that the Private Securities Litigation Reform Act’s Safe Harbor protects them from liability for their guidance and projections if they simply follow the...more

9/4/2013 - Disclosure Requirements Employer Liability Issues Private Securities Litigation Reform Act of 1995 Safe Harbors

Matrixx Did Not, and Could Not, Authorize Shortcuts in Reform Act Scienter Analysis, Despite Plaintiffs’ Claims to the Contrary

As I have previously written, the Sixth Circuit’s erroneous interpretation of the scienter component of the Supreme Court’s decision in Matrixx Initiatives, Inc. v. Siracusano, 131 S. Ct. 1309 (2011), is one of the biggest...more

8/20/2013 - Disclosure Requirements Matrixx Initiatives v Siracusano Misrepresentation Pharmaceutical Prescription Drugs Private Securities Litigation Reform Act of 1995 Scienter SCOTUS

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