TRIGANO v. BAIN & CO., INC.

No. 03-1319.

380 F.3d 22 (2004)

Serge TRIGANO, Plaintiff, Appellant, v. BAIN & CO., INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 17, 2004.


Attorney(s) appearing for the Case

Max Folkenflik, Folkenflik & McGerity, with whom Karen D. Hurvitz and Carl D. Stursberg, Stursberg & Veith, were on brief, for appellant.

Joseph L. Kociubes, Bingham McCutchen LLP, with whom Mark W. Batten, Bingham McCutchen LLP, was on brief, for appellee.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and OBERDORFER, Senior District Judge.


OBERDORFER, Senior District Judge.

Serge Trigano was the President and Chief Executive Officer of the Paris-based international resort and travel giant Club Mediterranee, S.A. (better known as "Club Med"). In October 1996, Trigano issued a warning that Club Med's profits for the fiscal year ending that month would be significantly below market expectations. When the company's financial results became available — which was not until February 1997, due to systemic...

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