Litigator of the Week Runners-Up and Shout Outs
Our first runners-up this week at Bracewell won a whopping $1.6 billion in damages in a breach of contract suit against IBM Corp.
June 03, 2022 at 07:25 AM
4 minute read
Quick TakesOur first runners-up this week are trial lawyers at Bracewell who were led by Sean Gorman along with Christopher Dodson. After a two-week bench trial in March, U.S. District Judge Gray Miller in Houston sided with Bracewell's client BMC Software Inc. and awarded a whopping $1.6 billion in damages in a breach of contract suit against IBM Corp. BMC alleged that IBM fraudulently induced it to sign a 2015 licensing agreement and used its access to the company's proprietary mainframe software to horn in on its relationship with longstanding customer AT&T. Miller concluded IBM entered the agreement "with no intention whatsoever of performing thereunder" to "exercise rights without paying for them, secure other contractual benefits, and ultimately acquire one of BMC's core customers." The judge concluded: "IBM's conduct vis-à-vis BMC offends the sense of justice and propriety that the public expects from American businesses." The award included $717 million in actual damages, $168 million in interest and $717 million in punitive damages. The Bracewell trial team also included Andrew Zeve, Jeff Oldham, Timothy Geiger, Jeremy Dunbar, Kyle Mason, Drewe Molin, Matthew Reasoner, Walter Simons and Cole Thoms.
Also nabbing a runner-up spot this week is a team at Debevoise & Plimpton led by IP litigation chair David Bernstein and counsel Jared Kagan that got a ruling allowing Grubhub to continue using a logo featuring a house with a fork and knife inside. Despite a magistrate judge's prior recommendation to enter a preliminary injunction against Grubhub, U.S. District Judge Charles Norgle in Chicago last week found that Kroger hadn't shown it was likely to succeed on its claims that the Grubhub logo infringed the trademark for its Home Chef brand meal kits and refrigerated meals. The Debevoise team on the matter also included partner Megan Bannigan and associates Matthew Petrozziello and Samuel Allaman with co-counsel Isaac Colunga of Ice Miller and Jordan LaVine of Flaster/Greenberg.
An Orrick, Herrington & Sutcliffe team led by partners Peter Bicks, Lisa Simpson and Marc Shapiro and Rudy Koch of Richards, Layton & Finger also get runners-up honors. After a two-day bench trial in April, Delaware Vice Chancellor Morgan Zurn last week sided with the client Silvio Scaglia in a legal battle with his estranged wife Julia Haart over control of model and talent agency Elite World Group. The vice chancellor this week turned back a request by Haart, the star of the Netflix show "My Unorthodox Life," to be reinstated as CEO of Elite World Group, finding that she is not a 50% shareholder in its umbrella company Freedom Holding, Inc. The trial team also included former Orrick associate Emmanuel Fua, as well as Susan Cohen and Travis Hunter from Richards, Layton & Finger.
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Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
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Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
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Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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