On October 6, 2009, the firm won a final appellate victory in its multi-year representation of IBM Corporation in Trianco, LLC v. IBM Corp., No. 08-4318, United States Court of Appeals for the Third Circuit. In connection with Trianco’s first appeal in this matter, the Third Circuit affirmed the dismissal of all counts of Trianco’s complaint except for one claim based on unjust enrichment, which the Third Circuit remanded for further consideration. Trianco, LLC v. IBM Corp., 2008 WL 876355 (3d Cir. Apr. 2, 2008). On remand, the District Court again dismissed that claim and Trianco took a second appeal. In the Third Circuit’s recent decision, a copy of which is attached, the Court rejected all of the arguments advanced by Trianco in affirming the lower court’s ruling. The case involved numerous issues arising under New York law concerning the enforceability of a “teaming agreement” between IBM and Trianco, entered into in connection with a prime contract issued to IBM by the United States Department of Defense. IBM was represented in this case by Robert Feltoon, Jonathan Crawford, and Doran Windsor Bowe.

Click here for a full copy of the Opinion