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ROBERTS v. McAFEE, INC.

Nos. 10-15561, 10-15670.

660 F.3d 1156 (2011)

Kent H. ROBERTS, Plaintiff-Appellee, v. McAFEE, INC., Defendant-Appellant. Kent H. Roberts, Plaintiff-Appellant, v. McAfee, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 7, 2011.

Attorney(s) appearing for the Case

Hal K. Gillespie , Gillespie, Rozen & Watsky, PC, Dallas, TX, for the plaintiff-appellee-cross-appellant.

Lynne C. Hermle , Orrick, Herrington & Sutcliffe LLP, Menlo Park, CA, for the defendant-appellant-cross-appellee.

Before: BETTY B. FLETCHER, STEPHEN REINHARDT, and A. WALLACE TASHIMA, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

Kent Roberts, the former General Counsel of McAfee, Inc. ("McAfee"), alleges that McAfee maliciously prosecuted and defamed him in an attempt to deflect attention from large-scale backdating of stock options within the company. McAfee moved to strike Roberts' claims pursuant to California's anti-Strategic Litigation Against Public Participation ("anti-SLAPP") statute. The district...

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