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BAENA v. KPMG LLP

No. 05-2868.

453 F.3d 1 (2006)

Scott L. BAENA, Litigation Trustee of the Lernout & Hauspie Speech Products, N.V. Litigation Trust, Plaintiff, Appellant, v. KPMG LLP and Klynveld Peat Marwick Goerdeler Bedrijfsrevisoren, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 22, 2006.

Attorney(s) appearing for the Case

Robert W. Turken and David W. Trench with whom Raquel M. Fernandez, Bilzin Sumberg Baena Price & Axelrod LLP, Dana A. Zakarian, Joel G. Beckman, William C. Nystrom and Nystrom Beckman & Paris LLP were on brief for appellant.

Michael P. Carroll with whom Michael S. Flynn, Sean C. Knowles, Phineas E. Leahey, Davis Polk & Wardwell, Kevin J. Lesinski, William J. Hanlon, Kristin G. McGurn and Seyfarth Shaw LLP were on brief for appellee KPMG LLP.

George A. Salter with whom Nicholas W.C. Corson, Hogan & Hartson LLP, Michael J. Stone and Peabody & Arnold LLP were on brief for appellee Klynveld Peat Marwick Goerdeler Bedrijfsrevisoren.

Before BOUDIN, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

BOUDIN, Chief Judge.

Lernout & Hauspie Speech Products, N.V. ("L & H") was a Belgian company, with its U.S. headquarters in Massachusetts, engaged in developing and licensing speech recognition software. Its first public stock offering occurred in 1995. From 1998 to 2000, it reported soaring revenues and profits and acquired other companies; in March 2000, it contracted to acquire two U.S. companies—Dictaphone...

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