[citation needed] In early 2005, Voom's parent company Cablevision announced it would seek "strategic alternatives" for Rainbow Media Enterprises.

[2] In April 2005, Rainbow Media and Dish Network entered into a 15-year affiliation agreement whereby EchoStar's Dish Network obtained the right to distribute the Voom channels until 2020 and agreed that it would pay Rainbow Media monthly subscription fees for the life of the agreement.

[3] In a separate agreement, EchoStar's Dish obtained a 20% ownership interest in Rainbow Media (the business unit that contained the Voom HD channels) and Rainbow agreed to invest $100 million into the Voom service each year for the first five years of the agreement.

[9] According to Sanford C. Bernstein analyst Craig Moffett in a recent Wall Street Journal article, "cases involving spoilation of evidence rarely go to trial because the odds are so skewed against the offending party".

In this case, the judge would tell the jury that EchoStar failed to preserve certain evidence and bar Dish from calling its expert witness to testify on damages.

Similarly egregious is EchoStar's last-minute finagling with expert reports, believing that it can play fast and loose with the rules of procedure to enhance its litigation posture".