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DISH lost 2 additional motions in its Voom trial Fri morning, with NY State Supreme Court judge Richard Lowe granting Voom's request to have DISH submit separate, internal trial audits over the weekend, Susquehanna Financial's Thomas Claps said. Voom had argued that the motions are an attempt to distract it from presenting its case, which started Fri. DISH must undergo an internal audit of its hard drives/IT system to determine whether it destroyed draft audit reports relating to Voom's '06 expenditures. Further document destruction could mean further sanctions, while if no misconduct is found, Voom's on the hook for the expense of the audit, Claps wrote in a research note. DISH was also ordered to submit an internal audit of its HD sub database in order to determine whether it misstated in court docs the actual number of its current HD subs. “If the audit verifies Voom's contentions, Voom's damages in this case could increase by more than $1bln, bringing its lost profits claim to more $3.5bln,” Claps said. On Wed, the Appellate Division upheld Lowe's ruling compelling DISH to turn over certain documents it had previously designated as privileged. On Thurs, Lowe ordered DISH to produce the documents in electronic form, which Voom was pushing. He also cautioned that if the electronic docs aren't produced, he'll entertain Voom's motion to strike DISH's answer in this case, “which would leave DISH with no defenses and effectively direct a verdict in Voom's favor,” Claps wrote.

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