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ORACLE CORP. v. FALOTTI

No. 01-17316.

319 F.3d 1106 (2003)

ORACLE CORPORATION, a Delaware corporation, Plaintiff-Appellee, v. Pier Carlo FALOTTI, an individual, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 11, 2003.

Attorney(s) appearing for the Case

Richard A. Johnston, Jonathan D. Rosenfeld, Hale & Dorr LLP, Boston, Massachusetts; E. Jeffrey Banchero, Marc N. Henschke, The Banchero Law Firm, San Francisco, California; for the defendant-appellant.

Ronald S. Cooper, Morgan D. Hodgson, Steptoe & Johnson LLP, Washington, D.C., for the plaintiff-appellee.

Jeffrey A. Berman, Sidley Austin Brown & Wood, Los Angeles, California, for Amicus Curiae the Employers Group.

Before: BERZON, TALLMAN, and CLIFTON, Circuit Judges.

TALLMAN, Circuit Judge.

Oracle Corporation terminated Pier Carlo Falotti, a former senior executive based in Switzerland, in May 2000. In the four months following his termination, Falotti was scheduled to vest his remaining stock options worth more than 85 million U.S. dollars. Oracle brought this action seeking a declaration that Falotti is neither entitled to vest these stock options nor to receive their value as damages. Falotti resisted and brought various counterclaims...

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