Douglas L. Shively

Experience

Securities Litigation

• Defended a publicly traded financial institution in multiforum shareholder derivative litigation related to its proposed $3.4 billion merger with another financial institution. Negotiated a favorable settlement to prevent delaying the consummation of the merger.
• Defended a publicly traded consulting firm and its chief financial officer in a stock-drop case in the United States District Court for the Southern District of New York. Obtained dismissal with prejudice of all federal securities claims. The claims, brought under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, related to financial disclosures and statements regarding the company's office culture.
• Defending an aircraft component manufacturer against a putative federal securities class action arising out of its sale by tender offer to another publicly traded entity. The case is pending in the United States District Court for the Southern District of New York.
• Defending a publicly traded financial institution against securities claims brought under Ohio's blue sky laws. The case is pending in the United States District Court for the Southern District of Ohio.

Data Breach Litigation

• Defended a multistate hospital system in a putative class action arising from a data breach of the hospital's email system. Obtained dismissal for lack of Article III standing in the United States District Court for the District of Maryland. Subsequently obtained dismissal for failure to state a claim in Maryland state court.
• Defended an international hotel chain in a putative class action arising from a data breach of the company's payment card systems. The case was dismissed after two rounds of briefing and targeted discovery into the plaintiff's standing to sue.
• Defending a multistate hospital system in a putative class action arising from allegations that the hospital maintained inadequate data security that left its medical records systems vulnerable to cyberattack. The case is pending in the United States District Court for the Northern District of Ohio.

Complex Commercial Litigation

• Represented an international steel company in a multiforum, post-transaction dispute with a competitor, including a purchase price adjustment dispute, indemnification claims, litigation regarding control of a joint venture and bankruptcy litigation. The matter was settled on favorable terms after three years of contentious litigation.
• Defended a lighting products company in post-transaction arbitration involving indemnification, misrepresentation and fraud claims related to the company's sale of a division to another entity. Negotiated a settlement on favorable terms after obtaining dismissal of the majority of the claims.
• Representing a real estate development company in a declaratory judgment action against a municipality regarding the parameters of an urban renewal property tax exemption. The case is currently on appeal to the New Jersey Supreme Court.
• Defended an international steel company against claims of tortious interference with contract and civil conspiracy brought by a former supplier. The matter was settled on favorable terms on the eve of trial in the United States District Court for the Northern District of West Virginia.
• Defended a financial institution in a dispute with a significant former customer regarding ownership of funds. The plaintiffs brought breach of contract and related tort and statutory claims in Illinois state court.