Douglas W. Greene

Douglas W. Greene

Lane Powell PC

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Latest Posts › Scienter


Securities Class Action Defense Counsel Selection: An Interview Process is Essential

When a public company purchases a significant good or service, it typically seeks competitive proposals. From coffee machines to architects, companies invite multiple vendors to bid, evaluate their proposals, and choose one...more

10/27/2015 - Amended Complaints Attorney-Client Privilege Board of Directors CEOs CFOs Class Action Conflicts of Interest Corporate Counsel D&O Insurance False Statements Good Faith Interviews Litigation Fees & Costs Misleading Statements Safe Harbors Scienter Section 10(b) Securities Litigation Witnesses

Securities Claims Based on Item 303 of Regulation S-K: It Just Doesn’t Matter

In January 2015, the Second Circuit held in Stratte-McClure v. Morgan Stanley, 776 F.3d 94 (2nd Cir. 2015), that Item 303 of Regulation S-K imposes a duty to disclose for purposes of Section 10(b), meaning that the omission...more

10/1/2015 - Class Certification Duty to Disclose False Statements Misleading Statements Omissions Presumption of Reliance Regulation S-K Scienter SEC Section 10(b) Section 11 Securities Act Securities Act of 1933 Securities Exchange Act Securities Fraud

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

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 Misrepresentation Pharmaceutical Industry Prescription Drugs Private Securities Litigation Reform Act of 1995 Scienter SCOTUS

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 Pharmaceutical Industry Scienter Section 220 Request Securities Shareholder Litigation

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