Douglas Greene

Douglas Greene

Lane Powell PC

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Omnicare, Inc., One Year Later: Its Salutary Impact on Securities-Fraud Class Actions in the Lower Federal Courts

Just over a year ago, on March 24, 2015, the U.S. Supreme Court issued its opinion in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund. Omnicare held that a statement of opinion is only false...more

7/11/2016 - Class Action False Statements Misleading Statements Omnicare v Laborers District Council Section 11 Securities Act of 1933 Securities Exchange Act Securities Fraud Securities Litigation

5 Wishes for Securities Litigation Defense: Effective Use of the Supreme Court’s Omnicare Decision

In this installment of the D&O Discourse series “5 Wishes for Securities Litigation Defense,” we discuss the third of five changes that would significantly improve securities litigation defense: to make the Supreme Court’s...more

6/30/2016 - Corporate Counsel Defense Strategies Honest Belief Defense Misleading Statements Motion to Dismiss Omnicare Omnicare v Laborers District Council Puffery Registration Statement Section 11 Securities Act of 1933 Securities Fraud Securities Litigation Statement of Opinion Young Lawyers

Why I’m So Passionate about Omnicare

On March 24, 2015, the U.S. Supreme Court issued its opinion in Omnicare, Inc. v. Laborers Dist. Council Const. Industry Pension Fund, 135 S. Ct. 1318 (2015). My partner Claire Davis and I are publishing a forthcoming...more

4/1/2016 - Class Action Defense Strategies False Statements Misleading Statements Omnicare SCOTUS Securities Fraud Statement of Opinion

5 Securities Litigation Issues to Watch in 2016

The coming year promises to be a pivotal one in the world of securities and corporate governance litigation. In particular, there are five developing issues we are watching that have the greatest potential to significantly...more

1/19/2016 - 10b5-1 Plans Board of Directors Bylaws Corporate Governance Corporate Officers Cybersecurity Derivative Suit False Statements Forum Selection Insider Trading Mergers Omnicare v Laborers District Council Publicly-Traded Companies Scienter SCOTUS Securities Exchange Act Securities Fraud Securities Litigation Shareholder Litigation Whistleblowers

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

Supreme Court’s Omnicare Decision Follows Middle Path Advocated by Lane Powell and WLF

In the opinion issued yesterday in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund (“Omnicare”), the Supreme Court rejected the two extremes advocated by the parties regarding how the truth or...more

3/26/2015 - Misleading Statements Omnicare Omnicare v Laborers District Council Pharmacies Registration Statement SCOTUS Section 11 Securities Act of 1933 Securities Fraud

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

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

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

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