Literature

  •  
  • Case Studies
  • Built to last? (pdf)
    In this breach of contract construction case, presided by Judge Gammerman, The New York Times claimed that the defendant, Bovis Lend Lease Corporation, breached its contract in the construction of sewer and fire protection systems at The New Times’ new state-of-the-art printing facility in College Point, Queens. DOAR’s client, Proskauer Rose, helped to prove, through the use of graphic animations, that the defendant failed to ensure that construction crews followed the engineering and architectural plans while building the sewer and fire protection systems.

  • One vs. Two: It’s all about belief. (pdf)
    Wachtell, Lipton, Rosen & Katz, counsel for World Trade Center Properties LLC and Silverstein Properties, successfully argued during the second phase of the trial that the 9/11 terrorist attacks on the World Trade Center towers constituted two separate “occurrences” under the terms of the insurance policies. Nine insurance companies involved in the second phase of the litigation had argued the coordinated attack of two aircraft only constituted one “occurrence” necessitating one payment of $1.1 billion.

  • A service. Just like any other. (pdf)
    Winston & Strawn, counsel for Yahoo! which acquired LAUNCHcast shortly after the lawsuit was filed in 2001, successfully argued that the streaming internet radio application did not infringe the copyrights of music owned by BMG. BMG argued that LAUNCHcast was an interactive service and therefore was not eligible for statutory licensing provided by Congress in the 1998 Digital Millennium Copyright Act. They argued that Yahoo! was liable for $72.2 million dollars in damages.

  • Best offense? Great defense. (pdf)
    Wachtell, Lipton, Rosen & Katz, counsel for Invemed Associates, LLC, successfully defended the company against profit-sharing charges brought by the National Association of Securities Dealers. The NASD Department of Enforcement (DOE) hearing panel exonerated Invemed of all charges that it illegally shared in the profits of its customers in a 94-page decision after an extensive 17-day hearing.