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IN RE BLINDS TO GO SHARE PURCHASE LITIGATION

Nos. 05-2029, 05-2030.

443 F.3d 1 (2006)

In re BLINDS TO GO SHARE PURCHASE LITIGATION.

United States Court of Appeals, First Circuit.

Decided March 22, 2006.

Attorney(s) appearing for the Case

David H. Erichsen, with whom Peter A. Spaeth, Eric D. Levin, Michael R. Dube, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellants, cross-appellees Blinds to Go, Inc. and its shareholders.

John T. Montgomery, with whom Mark D. Meredith, Sara M. Beauvalot, and Ropes & Gray LLP were on brief, for appellees, cross-appellants Charlesbank Equity Fund II, Limited Partnership and Harvard Private Capital Holdings, Inc.

Before SELYA, LYNCH and HOWARD, Circuit Judges.

SELYA, Circuit Judge.

This case poses a puzzling question about when an affiliate is not an affiliate. Cf. William Shakespeare, Romeo and Juliet, act II, sc. ii (1595) ("What's in a name? [T]hat which we call a rose [b]y any other name would smell as sweet[.]"). The district court agreed with Blinds to Go, Inc. (BTG) and its shareholders that Harvard Private Capital Holdings, Inc. (Holdings) violated their right of first refusal when it

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