Douglas W. Greene

Douglas W. Greene

Lane Powell PC

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Corralling and Curtailing Merger Litigation: Lessons Learned from Past Securities and Corporate Governance Litigation Reform

In the world of securities and corporate governance litigation, we are always in the middle of a reform discussion of some variety. For the past several years, there has been great focus on amendment of corporate bylaws to...more

5/27/2015 - Bylaws Corporate Counsel Corporate Governance Exclusive Forum Forum Selection Clause Mergers Private Securities Litigation Reform Act of 1995 Shareholder Litigation

Is the Demise of the Fraud-on-the-Market Doctrine Near? Be Careful What You Wish For

At long last, the United States Supreme Court is going to address the viability and/or prerequisites of the fraud-on-the-market presumption of reliance established by the Court in 1988 in Basic v. Levinson. Securities...more

11/18/2013 - Federal Rules of Civil Procedure Fraud Fraud-on-the-Market FRCP 23(b)(3) Halliburton Private Securities Litigation Reform Act of 1995 Rule 10(b) SCOTUS

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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