Douglas W. Greene

Douglas W. Greene

Lane Powell PC

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The Root Cause of Skyrocketing Securities Class Action Defense Costs

Why do the costs of defending securities class actions continue to increase? Because of my writing on the subject) I’m asked about the issue a lot. My answer has evolved from blaming biglaw economics – a combination of...more

9/10/2014 - Big Law Board of Directors Class Action Corporate Officers D&O Insurance Derivative Suit Litigation Fees & Costs Litigation Strategies Securities Securities Litigation Shareholder Litigation Shareholders

Ineffective Motions to Dismiss Erode the Power of the Reform Act

In 1995, public companies and their directors and officers received one of the greatest statutory gifts in the history of American corporate law: the Private Securities Litigation Reform Act. The Reform Act established...more

4/1/2014 - Complex Litigation Litigation Strategies Motion to Dismiss PLSRA

Derivative Litigation Representation: Strategic and Ethical Issues

Shareholder litigation comes in waves. There is a widespread belief that the next big wave will be shareholder derivative litigation – a shareholder’s assertion of a claim belonging to the corporation, typically brought...more

2/6/2014 - Derivative Suit Ethics Litigation Strategies

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

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

Rethinking Leave to Amend: A Refreshing Approach

The Reform Act’s heightened pleading standards were designed to increase the number of securities class actions dismissed at the pleading stage. An unintended consequence, however, has been a liberal application of the...more

12/18/2012 - Litigation Strategies Pleadings

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