Douglas L. Shively

Associate

Cleveland
T +1 216.861.6486  |  F +1 216.696.0740

Doug Shively maintains a general commercial litigation practice and represents corporate clients in all complex litigation needs. Doug brings a thoughtful approach to each engagement and is accustomed to analyzing clients' most complicated legal issues.

Select Experience

Securities Litigation
  • Defended publicly traded financial institution in multi-forum 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 publicly traded consulting firm and its chief financial officer in “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.

Data Breach Litigation
  • Defended multi-state hospital system in 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.

Complex Commercial Litigation
  • Represented international steel company in multi-forum, post-transaction dispute with a competitor, including a purchase price adjustment dispute, indemnification claims, litigation regarding control of a joint venture, and bankruptcy litigation. Matter was settled on favorable terms after three years of contentious litigation.

More »

Experience

Securities Litigation
  • Defended publicly traded financial institution in multi-forum 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 publicly traded consulting firm and its chief financial officer in “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 aircraft component manufacturer against 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 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 multi-state hospital system in 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 international hotel chain in 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 plaintiff’s standing to sue.

  • Defending multi-state hospital system in putative class action arising from allegations that hospital maintained inadequate data security that left its medical records systems vulnerable to cyberattack. The case is pending the United States District Court for the Northern District of Ohio.

Complex Commercial Litigation
  • Represented international steel company in multi-forum, post-transaction dispute with a competitor, including a purchase price adjustment dispute, indemnification claims, litigation regarding control of a joint venture, and bankruptcy litigation. Matter was settled on favorable terms after three years of contentious litigation.

  • Defended 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 a majority of claims.

  • Representing a real estate development company in 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 international steel company against claims of tortious interference with contract and civil conspiracy brought by a former supplier. 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 financial institution in a dispute with a significant former customer regarding ownership of funds. Plaintiffs brought breach of contract and related tort and statutory claims in Illinois state court.

Services

Industries

Prior Positions

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

Admissions

  • 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