In Retail Wholesale & Dep’t Store Union Local 338 Ret. Fund v. Hewlett-Packard Co., 845 F.3d 1268 (9th Cir. 2017), the United States Court of Appeals for the Ninth Circuit affirmed the District Court’s dismissal of plaintiffs’ amended class action complaint (the “Complaint”) against Hewlett-Packard Company (“HP”) and Mark Hurd, former CEO and Chairman of HP (“Defendants”). The Ninth Circuit held Retail Wholesale & Department Store Union Local 338 Retirement Fund, individually and on behalf of those similarly situated (“Plaintiffs”), failed to sufficiently allege a material misrepresentation or omission under Fed. R. Civ. P. 9(b) and the Private Securities Litigation Reform Act (“PSLRA”). 

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