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BMC Scores $21M in Attorneys’ Fees for Bracewell Trial Team

Lawyers for IBM are now on the 30-day clock to file a notice of appeal of a $1.6 billion judgment awarded this spring against the IT giant in May in its long-running dispute against BMC Software. 

On August 9, U.S. District Judge Gray Miller issued an amended final judgment after awarding BMC $21 million in attorneys’ fees and expenses the previous day. The attorneys’ fees are a 10 percent discount from what BMC originally asked for, but not quite the 25 percent reduction IBM pushed for. 

In March, BMC and IBM faced off for a two-week bench trial before Judge Miller that was the culmination of a nearly five-year legal battle over whether IBM committed fraud, misappropriated trade secrets and breached at contract with BMC when it replaced BMC mainframe software on mutual client AT&T’s systems with its own during a 2016 outsourcing project. 

On Memorial Day, Judge Miller summoned the lawyers away from their swimming pools when he issued his ruling: IBM, in fact, had committed fraud and must pay BMC $717.74 million in actual damages, $168.23 million in prejudgment interest and $717.74 million in punitive damages. 

BMC’s trial team was led by Bracewell partner Sean Gorman and included Chris Dodson, Tim Geiger and Andrew Zeve

Click here to read more in Texas Lawbook’s Litigation Roundup (subscription required).