HOUSTON – BMC Software's trial victory in its long-running dispute with IBM has been named the Major Litigation of the Year in the 2022 Magna Stella Awards, sponsored by the Texas General Counsel Forum (TGCF). Winners, including BMC Chief Litigation Counsel Sarah Menendez, will be honored at an awards dinner on November 3.
Bracewell represented BMC in its lawsuit against IBM for fraudulently inducing and then violating a software licensing agreement. On May 30, 2022, following a two-week bench trial, U.S. District Judge Gray H. Miller for the Southern District of Texas ruled in BMC’s favor and awarded BMC over $1.6 billion in damages. On August 8, Judge Miller found that BMC was entitled to more than $21 million in attorneys’ fees and costs in what he described as an “extraordinary result” by the Bracewell team. The next day, the judge denied IBM’s motion to amend the judgment, effectively bringing an end to the trial court proceedings.
Sean Gorman and Christopher L. Dodson led the Bracewell team that represented BMC, which also included Andrew W. Zeve, Jeff Oldham, Timothy R. Geiger, Jeremy Dunbar, Kyle A. Mason, Drewe C. Molin, Matthew J. Reasoner, Walter A. Simons and Cole A. Thoms.
For the last 17 years, the TGCF – which has more than 650 in-house counsel members representing more than 450 companies across Texas – presents the Magna Stella Awards to recognize in-house excellence in Texas corporations, organizations and government agencies.