BMC’s attorney tells the court: BMC “always relied on the plain meaning” of its contracts with IBM and the language “speaks for itself.” But IBM’s lead lawyer countered that BMC breached the non-displacement contract when it did not inform IBM that AT&T had purchased special rights in its own contract with BMC that allowed IBM, as its outsourcer, to displace BMC software in AT&T’s systems without paying extra. “At best, BMC could (and did) try to leverage payments from IBM.”
Trial Begins Between BMC & IBM
IT giants BMC and IBM map their cases for U.S. District Judge Gray Miller today in a bench trial alleging fraud and trade-secrets misappropriation. Although BMC begins trial with a breach-of-contract finding already in the bag, Judge Miller made clear in a February order that BMC still has much to prove before it’s considered a win. Opening statements wrapped up just before lunch Monday afternoon and when the parties returned, BMC called its first witness, BMC VP Raul Ah Chu.
Anne Johnson: The Lawyer ‘No One Wants’ on ‘the Other Side of an Appeal’
Anne Johnson has accomplished much in her legal career. The UK-born lawyer has won numerous difficult appeals, served on Haynes and Boone’s management committee and tried a multi-month case while six months pregnant. On Tuesday, Johnson made a move in her career that is both a big transition and another accomplishment: She joined a boutique law firm as a name partner.
The Lawbook details Johnson’s life and career and the magnitude of her lateral move.