Antony L. Sanacory
Partner
Duane Morris LLP
1075 Peachtree Street NE, Suite 2000
Atlanta, GA 30309-3929
USA
Phone: +1 404 253 6939
Fax: +1 404 601 9839
Email: ASanacory@duanemorris.com

Antony L. Sanacory is a trial lawyer in Duane Morris' Atlanta Office. Mr. Sanacory regularly counsels and represents owners and contractors related to the development and construction of new industrial facilities and upgrades to existing facilities. Some of Mr. Sanacory’s past representations relate to a comprehensive approach to construction project planning - including negotiating and drafting contract documents and establishing construction claim resolution processes for manufacturing facilities and a range of different power plant technologies.

In addition to being involved in front-end construction project planning, Mr. Sanacory has represented both owners and major contractors in disputes arising out of large industrial construction projects. Some of Mr. Sanacory's past representations include: alleged defects in the construction and design of power plants, industrial facilities and public construction projects.

Mr. Sanacory has also counseled clients in cases involving complex and technical issues, including patent infringement disputes, involving a diverse range of technologies; disputes related to the development and licensing of wireless networking technology; disputes related to the development and licensing of biotechnology and pharmaceuticals; and other complex commercial litigation matters.

Mr. Sanacory has been named a Rising Star in the field of construction litigation by Atlanta Magazine and Georgia Super Lawyers Magazine. Mr. Sanacory regularly publishes and lectures on issues of interest to the construction industry and the nuclear energy industry. He is a 2001 graduate of Duke University School of Law and a graduate of The Pennsylvania State University (B.A., political science, with distinction).

Areas of Practice

• Construction Litigation
• Intellectual Property Litigation
• Commercial Litigation
• Consumer Lending Litigation

Representative Matters

Construction

• Represented the owner of a hydroelectric plant from the outset of project development—including compliance with financial covenants, assessments of proposals by major vendors, negotiation and drafting of contract and commercial terms, and establishment of construction claims resolution process.
• Represented heavy industry contractor in $10M claim related to $40M contract for steam turbine generator upgrade for electric generation facility. The claim involved owner, general contractor, and multiple subcontractors. Claims resolution process was conducted during construction, and the project was successfully completed on time.
• Defended an HVAC subcontractor and its insurer in a subrogation action that sought more than $3 million in damages relating to a pipe burst at a luxury condominium building. The Court entered summary judgment in favor of the client HVAC subcontractor on three independent grounds. QBE Insurance Corporation v. Jorda Enterprises, Inc., No. 10-21107 CIV-GOLD (S.D. Fla. 2012).
• Represented general contractor in dispute arising from the construction of a 550-megawatt power facility. Recovered the client's financial losses and attorney's fees in the case after trial before the American Arbitration Association.
• Represented energy facility operator in dispute over long-term supply contract. Before trial and after seeking to disqualify the opposing party's expert witness, obtained settlement on behalf of the client.
• Represented energy facility operator in negotiation of contracts with major construction contractor for construction of $200M power-plant facility. Prepared materials for board of directors analyzing major project contracts and outlining the major areas of risk and the reasoning for how the contract documents allocated those risks.
• Represented civil contractor in breach of contract/wrongful termination action arising from the construction of public schools. Obtained a seven-figure judgment on behalf of the client after a week-long trial and recovered all financial losses, attorneys' fees and interest. Before trial, obtained an order shifting certain pre-trial discovery expenses.
• Regularly represents national material supplier in matters arising from breach of contract or non-payment. Obtained multiple judgments on behalf of client and, on multiple occasions, has recovered financial losses, interest and attorney's fees.
• Represented conveyor-belt manufacturer in action against contractor for failure to complete construction of manufacturing facility on schedule and within budget.
• Represented engineering firm in defense of negligence claims.

Intellectual Property

• Represented biotechnology company in licensing and patent litigation concerning their core products. After a week long trial before the American Arbitration Association, obtained a complete defense verdict on both patents-at-issue, including an award that the asserted patents were invalid, and recovered costs associated with the client's defense.
• Represented wireless communications company in multiple patent disputes involving the use of infringing wireless systems. Recovered lump-sum royalties on behalf of client from multiple infringers.
• Represented wireless communications company in business divorce and patent-licensing dispute. Obtained settlement on behalf of client after defending multiple motions for summary judgment filed by opposing party.
• Represented golf course soil sensor company in actions involving the misappropriation of trade secrets and patent infringement. Secured settlement on behalf of client.

Commercial Litigation

• Represented large nonprofit organization in a number of litigation matters involving construction contracts, procurement contracts, advertising contracts and property disputes.
• Represented lending institutions in enforcing secured loan agreements.
• Represented manufacturer of extension cords in defense of products liability claims.
• Represented national staffing company in various bankruptcy matters including defending preference avoidance actions brought under chapter 5 of the Bankruptcy Code.
• Represented debtor Borden Chemicals and Plastics Operating Limited Partnership in chapter 11 reorganization case.

Professional Activities

• State Bar of Georgia
• Construction Financial Management Association (Member of the Board of Directors, Georgia Chapter, and Chair of the Education Committee, Georgia Chapter)

Admissions

• Georgia
• U.S. District Court for the Northern District of Georgia
• Supreme Court of Georgia
• U.S. District Court for the Middle District of Georgia

Education

• Duke University School of Law, J.D., 2001
• The Pennsylvania State University, B.A., Political Science, with distinction, 1998
  - Phi Beta Kappa

Experience

• Duane Morris LLP
  - Partner, 2011-present
  - Associate, 2003-2010
• Jones, Day, Reavis & Pogue LLP, Atlanta, Georgia
  - Associate, 2001-2003

Selected Publications

• Co-Author,"It Ain't Easy Building Green Part 2: Sustainable Practices for Sustainable Building," CMFA Building Profits, January-February 2013
• Chapter Co-author, "Nuclear Power Plants," Managing Gigaprojects, Advice from Those Who've Been There, Done That, The American Society of Civil Engineers, 2012
• "Dispute Resolution Provisions in Construction Contracts," CFMA Building Profits, September/October 2012
• Co-author, "Key Ruling for Insurance Companies in Equitable Subrogation Action in U.S. District Court in Florida," Duane Morris Alert, August 13, 2012
• Co-author, "It Ain't Easy Building Green," CFMA Building Profits, November-December 2011
• Co-author, "The High Cost of Noncompliance: Can Your Company Afford It?" CFMA Building Profits, September-October 2011
• "State of the Construction Industry: Who's Surviving, Who's Thriving?" Report Summary of the Joint Meeting of Construction Financial Management Association Georgia Chapter and DBIA Southeast Region, September 2011
• "Demystifying Construction Contracts for the Next Wave of Large Construction Projects," CFMA Building Profits, November/December 2010
• Co-author, "Nuclear Power: You've Come a Long Way, Baby!" Construction Advisory Report, August 2010
• Author, "Improving Collection of Receivables: Strategies & Experiences of an Attorney," CFMA Building Profits, May/June 2010

Selected Speaking Engagements

• Speaker, "Construction Contract Law Issues for Major Water Infrastructure Projects," Georgia Association of Water Professionals, March 13, 2013
• Co-Speaker, "The High Cost of Noncompliance: Can Your Company Afford It?" Construction Financial Management Association, Georgia Chapter, Atlanta, December 9, 2011
• Co-Speaker, "The Next Wave of Nuclear Power Plant Construction," Construction Financial Management Association, Georgia Chapter, Atlanta, May 11, 2011
• Speaker, "Demystifying Construction Contracts for the Next Wave of Large Construction Projects," Construction Financial Management Association, Georgia Chapter, Atlanta, June 4, 2010
• Speaker, "Improving the Collection of Receivables: Strategies and Experiences of an Attorney," Construction Financial Management Association, Georgia Chapter, Atlanta, March 17, 2010