Douglas L. Shively

Partner

Cleveland
T +1.216.861.6486
F +1.216.696.0740
Chicago
T +1.312.416.6200
F +1.312.416.6201

Overview

Doug Shively regularly plays a leading role on teams defending clients’ most significant litigation matters.

As a member of BakerHostetler’s firmwide Securities and Governance Litigation Team, Doug has successfully defended companies and individuals in securities class actions, shareholder derivative actions and shareholder challenges to mergers and acquisitions in courts around the country. He also defends and counsels clients in related matters, including shareholder books-and-records demands and shareholder demands on boards of directors to bring legal action.

Doug has substantial experience defending clients in other critical matters as well, including government investigations, post-transaction disputes, class actions and a broad range of business litigation.

Known for his thorough analysis, deep subject matter knowledge and strong brief writing, Doug has been instrumental in obtaining dismissals at the pleading stage in a number of high-stakes cases involving complex and often novel legal issues.

Select Experience

Securities and Governance Litigation
  • Defended global aerospace company, directors and officers in securities class action and related shareholder derivative litigation alleging defendants concealed unlawful scheme to defraud U.S. government. Obtained dismissal with prejudice of securities class action, leading to voluntary dismissal of shareholder derivative litigation. (N.D. Ohio 2020)
  • Defended aircraft component manufacturer in securities class action alleging company made misleading statements justifying its acquisition by tender offer. Obtained dismissal of claim. (S.D.N.Y. 2017)

Other Representative Experience

  • Defending major research university in class action seeking reimbursement of tuition and fees for semesters when instruction was provided remotely due to COVID-19 pandemic. (N.D. Ohio)
More »

Experience

Securities and Governance Litigation
  • Defended global aerospace company, directors and officers in securities class action and related shareholder derivative litigation alleging defendants concealed unlawful scheme to defraud U.S. government. Obtained dismissal with prejudice of securities class action, leading to voluntary dismissal of shareholder derivative litigation. (N.D. Ohio 2020)
  • Defended aircraft component manufacturer in securities class action alleging company made misleading statements justifying its acquisition by tender offer. Obtained dismissal of claim. (S.D.N.Y. 2017)
  • Defended publicly traded bank in securities class action alleging bank aided and abetted customer’s Ponzi scheme. Obtained dismissal of claims. Successfully defended dismissal on appeal. (S.D. Ohio 2017; 6th Cir. 2017)
  • Defended publicly traded consulting firm and chief financial officer in securities class action relating to financial disclosures and statements regarding company’s office culture. Obtained dismissal with prejudice of all claims. (S.D.N.Y. 2016)
  • Defended bank in multiforum shareholder derivative litigation related to $3.4 billion merger. Obtained favorable settlement without delaying consummation of merger. (N.D. Ohio, Ohio state court, 2016)
  • Defending electric vehicle automaker and certain of its current and former officers and directors in securities class action and related shareholder derivative litigation alleging defendants misrepresented customer demand and the timeline for vehicle production. (N.D. Ohio; D. Del.)
  • Defending former CEO of energy company in securities class action and related shareholder litigation stemming from allegations that the company bribed government officials to secure favorable legislation and related benefits. (N.D. Ohio; S.D. Ohio; Ohio state court)
  • Defending oil company and certain of its officer and directors in securities class action alleging defendants concealed permitting issues that negatively affected results and forecasts. (N.D. Tex.)
  • Defending high-profile former fashion executive in shareholder derivative litigation and related matters stemming from a series of articles in national publications alleging a toxic corporate culture. (S.D. Ohio; Del. Ch.)
  • Defending global chemical and building materials company in shareholder derivative litigation relating to SEC enforcement action over alleged improper accounting. (N.D. Ohio)
  • Defending founder, director and chief designer of high-end fashion brand against fiduciary duty claims in adversary proceeding relating to bankruptcy of certain subsidiaries within brand’s international corporate structure. (Bankr. D. Del.)
  • Advising mining company in connection with shareholder demand on board of directors.

Other Representative Experience

  • Defending major research university in class action seeking reimbursement of tuition and fees for semesters when instruction was provided remotely due to COVID-19 pandemic. (N.D. Ohio)
  • Frequently represents major research university in connection with sensitive matters involving administrators, faculty or students, as well as in defense of significant commercial litigation matters, including successful defense of litigation brought by software development vendor.
  • Defended hotel chain in class action arising from breach of payment card system. Obtained partial dismissal of claims, leading to favorable settlement of remaining claims. (N.D. Cal. 2019)
  • Defended hospital system in class action alleging hospital’s inadequate data security left medical records system vulnerable to cyberattack. Obtained dismissal of all claims. (N.D. Ohio 2018)
  • Defended hospital system in data breach class action arising from hackers’ infiltration of email system. Obtained dismissal for lack of Article III standing in federal court. Subsequently obtained dismissal for failure to state a claim in state court. (D. Md. 2016; Maryland state court 2017)
  • Defended hotel chain in class action arising from breach of payment card system. Plaintiff voluntarily dismissed claims following targeted discovery and briefing on plaintiff’s standing to sue. (N.D. Ill 2016)
  • Represented investment bank in dispute with biotechnology company over transaction fee for financing transaction. Obtained favorable settlement prior to initiating arbitration. (2020)
  • Defended lighting products company in post-transaction arbitration involving indemnification, misrepresentation and fraud claims arising from sale of division. Obtained dismissal of primary claim, leading to favorable settlement of remaining claims. (2016)
  • Representing multistate healthcare company in connection with civil investigative demand concerning reimbursements from federal health insurance payers.

Recognitions and Memberships

Prior Positions

  • Skadden, Arps, Slate, Meagher & Flom (Chicago, 2009 to 2014)

Admissions

  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Illinois
  • Illinois
  • Ohio

Education

  • J.D., Columbia University School of Law, Harlan Fiske Stone Scholar, 2009
  • B.A., Harvard University, cum laude, 2002

Blog

In The Blogs

Previous Next
Class Action Lawsuit Defense
Eleventh Circuit Stands Firm – No Incentive Awards for Class Representatives
By Kamran B. Ahmadian
August 12, 2022
Nearly two years after it issued its initial decision in Johnson v. NPAS Sols., LLC, in which it held incentive awards for class representatives to be per se unlawful, the United States Court of Appeals for the Eleventh Circuit denied a...
Read More ->
Class Action Lawsuit Defense
Florida Requires Concrete Injury For Standing - Class Action Defense
By Joel Griswold
July 14, 2022
On July 13, 2022, the Florida District Court of Appeal for the Fourth District affirmed an order dismissing a putative class action filed under the federal Fair and Accurate Credit Transactions Act (FACTA) for lack of standing. Southam v...
Read More ->
Class Action Lawsuit Defense
The Demand Curve Problem for UCL Class Actions
By Brian A. Troyer
June 1, 2022
A recent opinion from a California federal court, Mier v. CVS Pharmacy, Inc. et al., No. 8:20-cv-01979-DOC-ADS, slip op. (C.D. Cal. May 9, 2022),touches on an aspect of econometric modeling that class action defense counsel should...
Read More ->
Class Action Lawsuit Defense
BakerHostetler Releases Insurance Class Action Update
By Mark A. Johnson
May 19, 2022
The Class Action Defense team released its Insurance Quarterly Report covering the fourth quarter of 2021 and the first quarter of 2022. Included in the report are updates and analyses about property and casualty class action lawsuits...
Read More ->
Class Action Lawsuit Defense
The U.S. Supreme Court Agrees to Hear Case Regarding Whether State Business Registration Requirements Can Create General Personal Jurisdiction
By Ali I. Haque
May 3, 2022
The U.S. Supreme Court has agreed to consider whether the Due Process Clause of the Fourteenth Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction as a condition to doing business in the state...
Read More ->