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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSome Election Day Shout-Outs to Litigators Working Pro Bono on Voting Rights
Law Firms Mentioned
Trending Stories
- 1Perkins Coie Boasts Diverse Partner Class
- 2NY Judge Indefinitely Delays Sentencing in Trump Hush Money Case
- 3US Supreme Court Tries to Define a 'Crime of Violence'
- 4How I Made Practice Group Chair: 'Think About Why You Want the Role, Because It Is Not an Easy Job,' Says Aaron Rubin of Morrison Foerster
- 5People in the News—Nov. 22, 2024—Marshall Dennehey, Buchanan Ingersoll
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250