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ALLAIRE CORP. v. OKUMUS

Docket No. 04-2149-CV.

433 F.3d 248 (2006)

ALLAIRE CORPORATION, Plaintiff-Appellant, v. Ahmet H. OKUMUS, Okumus Capital, LLC, Okumus Opportunity Fund, Ltd., Okumus Technology Value Fund, Ltd., Okumus Advisors, LLC, Okumus Opportunity Partners, LP, Okumus Technology Advisors, LLC, and Okumus Technology Value Partners, LP, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 5, 2006.

Attorney(s) appearing for the Case

John H. Henn, Foley Hoag, LLP (Steven W. Phillips, of counsel), Boston, MA, for Plaintiff-Appellant.

Jonathan Honig, Feder Kaszovitz, Isaacson, Weber, Skala, Bass & Rhine, LLP, New York, NY, for Defendants-Appellees.

Before: KEARSE, SACK, and SOTOMAYOR, Circuit Judges.

BACKGROUND

SACK, Circuit Judge.

Plaintiff Allaire Corporation ("Allaire") is a Delaware corporation.1 At all relevant times, Allaire's common stock was traded on the NASDAQ National Market. Defendant Ahmet H. Okumus directly or indirectly controls each of the other defendants (defendants collectively, "Okumus").

According to Allaire's complaint, Okumus wrote (sold) a set of call options on Allaire common stock on November...

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