HP Sues Hurd Over Potential 'Irreparable Damage'


Hewlett-Packard Tuesday filed a lawsuit against former CEO Mark Hurd over potential damages he could cause in his new position as co-president of Oracle.

HP alleges in the lawsuit that Hurd, in his new role at Oracle, would not be able to avoid using HP trade secrets to compete with HP, and that "HP has been injured and faces irreparable injury."

Hurd last month departed HP after an investigation into what the company called improperly filed expenses and an improper relationship with a subcontractor.

Hurd late Monday was named a co-president at Oracle.

The lawsuit, a copy of which can be read here, was filed Tuesday in the Superior Court of the State of California in Santa Clara County.

In the lawsuit, HP alleges that Hurd will be in a "position with a competitor in which he will serve in a capacity that will make it impossible for him to avoid utilizing or disclosing HP's trade secrets and confidential information."

HP says Hurd was responsible for creating HP's strategic plans, including a plan to compete against HP's competitors, among them Oracle. "By working at Oracle, he cannot help but utilize and disclose HP's trade secrets and confidential information, including the trade secrets and confidential information contained in the FY 2010 and FY 2011 business plans."

Hurd had access to information from board meetings as well as operation, technology, strategic planning and customer meetings, in addition to reports from each of HP's business units, HP alleges.

He also had access to HP's competitive information. "On March 18, 2010, Hurd was presented, along with other members of the HP Board of Directors, with a highly confidential competitive internal analysis of Oracle," the lawsuit alleges.

In the lawsuit, HP alleges that Hurd breached or threatens to breach his contracts with HP by not providing sufficient notification about his new employer or position to HP, and that he has either misappropriated and/or threatens to misappropriate HP's trade secrets without HP's consent.

 

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