Douglas L. Shively

Experience

Securities and Governance Litigation

• Defended global aerospace company, directors and officers in 10b-5 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 against claim under section 14 of Securities Exchange Act of 1934 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)
• 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.)

Data Breach Litigation

• 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)

Other Representative Experience

• Representing investment bank in dispute with biotechnology company over transaction fee for financing transaction.
• Representing multistate healthcare company in connection with civil investigative demand concerning reimbursements from federal health insurance payers.
• 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 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)