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On April 20, 2021, the United States Court of Appeals for the
Ninth Circuit affirmed the dismissal of a putative securities class
action against an information technology security company (the
“Company”), its chief executive officer, and Board of
Directors (the “Directors”), alleging that a proxy
statement issued in connection with a sale of the Company violated
Sections 14(a) and 20(a) of the Securities Exchange Act of 1934
(the “Exchange Act”) and Rule
14a-9.
Golub v. Gigamon Inc., No. 19-16975 (9th
Cir. Apr. 20, 2021). In a unanimous decision, the Ninth