ESPY v. J2 GLOBAL, INC.

No. 22-55829.

JONATHAN ESPY, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. J2 GLOBAL, INC.; VIVEK SHAH; NEHEMIA ZUCKER; R. SCOTT TURICCHI, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 19, 2024.


Attorney(s) appearing for the Case

Ivy T. Ngo (argued), Velvel Devin Freedman, and Constantine P. Economides , Freedman Normand Friedland LLP, Miami, Florida; Michael P. Canty , Thomas G. Hoffman, Jr. , and David J. Schwartz , Labaton Sucharow LLP, New York, New York; Brian Schall , The Schall Law Firm, Los Angeles, California; for Plaintiff-Appellant.

Matthew W. Close (argued), Aaron D. Henson , and Elizabeth A. Arias , O'Melveny & Myers LLP, Los Angeles, California; Abby F. Rudzin , O'Melveny & Myers LLP, New York, New York; for Defendants-Appellees.

Opinion by Judge McKeown.


OPINION

This is a case in which neither individual allegations of securities fraud nor various acts of alleged corporate misfeasance over many years satisfies the heightened and demanding standard required in a securities case. Dissatisfaction with a company's strategy, management, and approach to accounting, coupled...

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