Noelle LEE, derivatively on behalf of The Gap, Inc, Plaintiff-Appellant,
v.
Robert J. FISHER; Sonia Syngal; Arthur Peck; Amy Bohutinsky; Amy Miles; Isabella D. Goren; Bob L. Martin; Chris O'Neill; Elizabeth A. Smith; John J. Fisher; Jorge P. Montoya; Mayo A. Shattuck III; Tracy Gardner; William S. Fisher; Doris F. Fisher; The Gap, Inc., Nominal Defendant, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted En Banc December 12, 2022 Pasadena, California.
Allison M. Zieve and Scott L. Nelson , Public Citizen Litigation Group, Washington, D.C., for Amici Curiae Public Citizen, Consumer Federation of America, and Better Markets.
Anitha Reddy , Wachtell Lipton Rosen & Katz, New York, New York; Tyler S. Badgley and Janet Galeria , United States Chamber Litigation Center, Washington, D.C.; Stephanie Martz , National Retail Federation, Washington, D.C.; for Amici Curiae The Chamber of Commerce of the United States of America and the National Retail Federation.
Dissent by Judge S.R. Thomas.
OPINION
IKUTA, Circuit Judge:
Noelle Lee brought an action against The Gap, Inc. and its directors, "derivatively on behalf of Gap."1 Lee's action alleged that Gap violated § 14(a) of the Securities Exchange Act of 1934 (the Exchange Act) and Securities and Exchange Commission (SEC) Rule 14a-9 by making...
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