Douglas L. Shively

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.