HP 2012 Annual Report Download - page 166

HEWLETT-PACKARD COMPANY AND SUBSIDIARIES
Notes to Consolidated Financial Statements (Continued)
Note 18: Litigation and Contingencies (Continued)
the financial performance of HP’s enterprise services business. The lawsuit also alleges that the
defendants breached their fiduciary duties, wasted corporate assets and were unjustly enriched in
connection with HP’s acquisition of Autonomy and by causing HP to repurchase its own stock at
allegedly inflated prices between August 2011 and October 2012.
•Andrea Bascheri, et al. v. L´ eo Apotheker, et al. is a lawsuit filed on November 30, 2012 in the
United States District Court for the Northern District of California alleging, among other things,
that the defendants violated Sections 10(b) and 20(a) of the Exchange Act by concealing
material information and making false statements related to HP’s acquisition of Autonomy and
the financial performance of HP’s enterprise services business. The lawsuit also alleges that the
defendants breached their fiduciary duties, wasted corporate assets and were unjustly enriched
by causing HP to misrepresent its business and financial prospects and by causing HP to
repurchase its own stock at allegedly inflated prices between August 2011 and October 2012.
The lawsuit further alleges that certain individual defendants engaged in or assisted insider
trading and thereby breached their fiduciary duties, were unjustly enriched and violated
Sections 25402 and 25403 of the California Corporations Code.
•Davin Pokoik v. Hewlett-Packard Company, et al. is a putative securities class action filed on
November 30, 2012 in the United States District Court for the Northern District of California
alleging, among other things, that from August 19, 2011 to November 19, 2012, the defendants
violated Sections 10(b) and 20(a) of the Exchange Act by concealing material information and
making false statements related to HP’s acquisition of Autonomy and the financial performance
of HP’s enterprise services business.
•Martin Bertisch v. L´ eo Apotheker, et al. is a lawsuit filed on December 3, 2012 in the United
States District Court for the Northern District of California alleging, among other things, that
the defendants violated Sections 10(b) and 20(a) of the Exchange Act by concealing material
information and making false statements related to HP’s acquisition of Autonomy and the
financial performance of HP’s enterprise services business. The lawsuit also alleges that the
defendants breached their fiduciary duties, wasted corporate assets and were unjustly enriched in
connection with HP’s hiring of Leo Apotheker as Chief Executive Officer and HP’s acquisition
of Autonomy and by causing HP to repurchase its own stock at allegedly inflated prices between
August 2011 and October 2012.
•Mike Laffen v. Hewlett-Packard Co., et al. is a putative class action filed on December 6, 2012 in
the United States District Court for the Northern District of California alleging, among other
things, that, from December 12, 2011 to November 22, 2012, HP’s 401(k) Plan Committee and
HP’s Investment Review Committee breached their fiduciary obligations to HP’s 401(k) plan and
its participants and thereby violated Sections 404(a)(1) and 405(a) of the Employee Retirement
Income Security Act of 1974, as amended (‘‘ERISA’’).
•Miriam Birinkrant v. Michael R. Lynch, et al. is a lawsuit filed on December 14, 2012 in
California Superior Court alleging, among other things, that the defendants breached their
fiduciary duties, wasted corporate assets and were unjustly enriched in connection with HP’s
acquisition of Autonomy and by causing HP to repurchase its own stock at allegedly inflated
prices between August 2011 and October 2012.
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