*7 Among the documents produced in December 2004 were e-mails that reflected, inter alia,
that within a few days after September 11, Lava had located available alternative premises; that it had moved into office and data center space by early to mid-October; that by the week of October 9, 2001 it had resumed trading; that by mid-October it was rapidly reconnecting its clients; that in November 2001 it traded more than one billion shares and-according to its Chief Executive Officer, Richard Korhammer-was trading by mid-November at a level twenty-five percent higher than before September 11;
that it was undertaking renewed product development and marketing by October 2001; and that it was hiring new people, including sales personnel, by mid-October. (See
Affidavit of Stephen E. Goldman, Esq., sworn to Dec. 16, 2004, at Exs. 14-21; Tobin Aff., at Exs. 2, 4, 5, 6, 7, 8, 11, 12, 13, 14, 16, 22, 23).
The same set of belatedly produced documents reflect that by January 2002 Lava had more than doubled its share volume from the record level of November 2001, and that its revenues were climbing in tandem with the volume of trading. (See
Tobin Aff., Ex. 22-LBM0000000098; id.,
Ex. 7-LKR106050). These e-mails also document the fact that Lava was engaging in promotion of its newest product, Color Maker, in mid-October, and that a number of clients who declined to contract with Lava were doing so for their own reasons, seemingly divorced from the impact of September 11. Finally, they also demonstrate that Lava officials were advising the Board of Directors in early 2002 that the company's anticipated business-interruption insurance claim was likely to be in the amount of one million dollars and that even by August 2002 it anticipated that the claim-not yet finalized-would total somewhere between three and five million dollars. (Id.,