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KLEIN v. QLIK TECHNOLOGIES, INC.

Docket No. 17-3218-cv August Term, 2017.

906 F.3d 215 (2018)

Terry KLEIN, derivatively ON BEHALF OF QLIK TECHNOLOGIES, INC., Plaintiff-Appellant, v. QLIK TECHNOLOGIES, INC., Defendant-Appellant, v. Cadian Capital Management, LP, Cadian Fund LP, Cadian Master Fund LP, Cadian Gp, LLC, Cadian Capital Management Gp, LLC, Eric Bannasch, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 2, 2018.

Attorney(s) appearing for the Case

PAUL DENNIS WEXLER ( Glenn F. Ostrager , on the brief), New York, N.Y., for Appellants.

JAMES E. TYSSE , Akin Gump Strauss Hauer & Feld LLP ( Z.W. Julius Chen , Douglas A. Rappaport , Robert H. Pees , Jessica Oliff Daly , on the brief), Washington, D.C., for Appellees.

JUDGE RAYMOND J. LOHIER, JR. dissents in a separate opinion.

Appellant Terry Klein brought this suit derivatively as a shareholder of Qlik Companies. She alleges that Appellees, referred to collectively as the "Cadian Group," owned more than ten percent of Qlik and engaged in "short-swing" transactions in that stock in 2014, in violation of Section 16(b) of the Securities Exchange Act...

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