In the following guest post, Doug Greene, Partner at the BakerHostetler law firm and Chair of the firm’s Securities and Governance Litigation Team, takes a look at the growing problems with the defense of securities litigation, including skyrocketing defense costs, and proposes some solutions to these problems. A version of this article previously was published on The D&O Discourse blog. I would like to thank Doug for allowing me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Doug’s article.Continue Reading Guest Post: The Future of Securities Litigation Defense
What is the role of defense counsel in deal litigation? What impact does the involvement of “top” deal litigation firms have on lawsuit outcomes? And what will the impact on deal litigation be from the advent of forum selection by-laws and the recent court crackdown on disclosure-only settlements? These are the questions addressed in an interesting May 2, 2016 paper entitled “Divided Loyalties? The Role of Defense Litigation Counsel in Shareholder M&A Litigation” (
The possibility that a conflict of interest could arise when an attorney or law firm simultaneously representes a corporation and one or more of its officers or directors is a a frequently recurring issue. The issue was raised recently, for example, in the civil complaint that former Stanford Financial Group CFO Laura Pendergest-Holt filed against the