D&O Discourse Authors Davis and Greene to File Amicus Brief in Omnicare Case

My partner Claire Loebs Davis and I are honored to be working with Washington Legal Foundation on a U.S. Supreme Court amicus brief in the Omnicare securities class action.  Omnicare concerns what makes a statement of opinion false.

As many of our readers know, Claire and I feel that improvement in the law on statements of opinion is of great importance for companies, their directors and officers, and their D&O insurers.  Although Omnicare arises in the context of Section 11, the issues raised are fundamental to the question of what makes a statement of opinion false, and it thus is important for Section 10(b) cases as well.  We are thrilled to have a chance to influence how this area of law develops.

You can find the docket and briefing on the SCOTUSblog page for Omnicare.

Here is a link to Claire’s D&O Discourse blog post on the Sixth Circuit’s (incorrect) decision in Omnicare.  Here is a link to the Law360 version of Claire’s post, which Omnicare cited in its cert petition.

Here are links to other helpful articles about the Omnicare case:

Securities Defense Bar Has High Hopes Riding On Omnicare

Important Conflict Being Overlooked In Omnicare Case

We will update this post with further links as the matter progresses.

Topics:  Board of Directors, Class Action, Corporate Officers, D&O Insurance, Omnicare, SCOTUS, Securities

Published In: Civil Procedure Updates, General Business Updates, Securities Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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