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Mr. Acorn provides expert evaluations, thorough analyses and where necessary, effective testimony in dispute resolution settings. These services have been provided for some of the most complex of projects all over the world. Mr. Acorn is fluent in the techniques of discovery and investigative analysis of building and engineering failures to assist clients in resolving liability or claims that may result in legal or adversarial positions. Mr. Acorn’s clients are secure in the knowledge that the opinions and assertions Mr. Acorn provides are founded upon unbiased analysis, data and broad experience.

Mr. Acorn’s recognized expertise in this arena includes: Heating, Ventilating and Air Conditioning System Deficiencies, Cleanrooms for Advanced Technology Industries, Compliance with Codes and Standards, Workplace Exposures to Hazardous Materials, Standard of Care in Design and Construction, Refrigeration System Deficiencies, Piping System Deficiencies and Fire and Explosions in Hazardous Occupancies.

Highlights of Mr. Acorn’s applied expertise to various noteworthy cases are outlined here.

Non-Litigation Projects Litigation Projects

Litigation Projects

IBM Workers, NY and VT v. IBM et alCASE: IBM Workers, NY, VT and San Jose, CA v. IBM et al

CONTRACTED BY : Jones, Day, Reavis and Pogue, Washington, DC and co-defendant law firms

REPRESENTED: Defendant

Multiple plaintiffs allege health issues as result of employment in IBM semiconductor facilities and alleged resultant exposure to hazardous chemicals.  ACS conducted field investigations, forensic reconstruction of historical facilities, research into relevant period standard of care and consulted with the litigation team concerning cleanroom design and industrial ventilation systems.  Particular emphasis on potential exposure of workers to chemicals as a result of allegedly improper industrial ventilation and local exhaust systems.  In addition, issues related to improper construction, operational practices and non-compliance with codes and ordinances were alleged, therefore these were evaluated.  Preliminary report and affidavit filed. Testimony at trial in San Jose where a decision favorable to defendants was rendered.

Sintek Photronic Corporation, Taiwan, ROC v. Insurance Consortium, Taiwan, PROCCASE: Sintek Photronic Corporation, Taiwan, ROC v. Insurance Consortium, Taiwan, PROC

CONTRACTED BY : Sintek Photronic Corporation, Lee and Li  Attorneys,  Taiwan, PROC

REPRESENTED: Plaintiff

Evaluation of the improper actions of insurance consortium in the denial of payment of reasonable amount for loss related to a fire in a flat panel display manufacturing facility in Taiwan.  Fire in the compressed air system of the plant damaged the facility and the production tools.  Remediation efforts of insurers' contractor were inadequate.  Estimated value of property damages >$40MM with business interruption loss in excess of property damages.  Preparation of testing plan, supervision of analytical testing and preparation of expert report for presentation to arbitration tribunal.

AIU Insurance, et al. v. Architects & Engineers, Tokyo JapanCASE: AIU Insurance, et al. v. Architects & Engineers, Tokyo Japan

CONTRACTED BY: A/E Firm, Tokyo McCutchen, Brown, Doyle & Enerson (now Bingham McCutchen), San Francisco, CA

REPRESENTED: Defendant

Consulting re: cause and origin of $500MM fire and explosions in semiconductor wafer fabrication plant in Taiwan.  Defendant was alleged to have provided deficient design and consulting services not in conformance with the standard of care or international building and fire codes.  Field investigation and forensic reconstruction of the facility and production tools at the time of the fire (no longer in place) was conducted to determine the cause of the fire and subsequent explosions.  Testing of artifacts of the fire via laboratory methods to determine trace element constituents was conducted to substantiate expert analysis and opinions.  Preparation of technical report illustrating improper operation and maintenance procedures of owner.  Testimony at mediation in San Francisco, CA resulted in favorable resolution for the defendant.  Insurance subrogation matter.

Complex Asbestos Litigation v. Durabla, et alCASE: Complex Asbestos Litigation v. Durabla, et al

CONTRACTED BY: Law Offices of Lucinda Storm - San Francisco, CA; Clemente Mueller & Tobia – Morristown, NJ

REPRESENTED: Defendant 

Evaluation of claims of asbestos exposure of workers servicing refrigeration and HVAC equipment.  Claims of the various plaintiffs vary from case to case and include exposure to gaskets, thermal insulation, wire insulation, etc.  Consultation includes evaluation of maintenance procedures, general knowledge of refrigeration and HVAC industry practices, testing of gasket removal procedures and preparation for testimony at trial.  On-going matters.

Cedars Sinai Hospital v. Contractors and EngineersCASE: Cedars Sinai Hospital v. Contractors and Engineers

CONTRACTED BY: Alschuler Grossman Stein & Kahan, LLP 1620 26th Street Fourth Floor, Santa Monica, CA 90404-4060 

REPRESENTED: Plaintiff

Litigation consulting and testimony at mediation involving the failure of a large absorption chilling plant to perform as required by the owner.  The issues required the analysis of the design and specifications of the engineer, the proposals of the contractor and performance claims by the manufacturer that were not substantiated by field testing.  Several day mediation resulted in a settlement favorable to the plaintiff owner.

International Rectifier Temecula, CA / Zurich International v. A/E firm and ContractorCASE: Semiconductor Manufacturer, Temecula, CA

CONTRACTED BY : Clausen Miller, Newport Beach, CA

REPRESENTED: Plaintiff

Research and litigation consulting re: damages to semiconductor facility and production tools resultant from acid spill.  Plaintiffs allege improper design and construction of piping, cleanroom HVAC, exhaust ventilation and control systems resulting in more than $50MM in property damages and several times that amount in business interruption losses.  Preparation of preliminary report, field investigation, interviews with knowledgeable persons and research concerning standard of care and relevant codes and standards.  Insurance subrogation.  On-going matter.
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