Former Hewlett-Packard Chief Executive Mark Hurd asked a Delaware judge to allow him to intervene in a shareholder’s lawsuit, so he can fight to keep a sealed letter about his departure confidential.
Hurd, 53, under investigation by the U.S. Securities and Exchange Commission over his separation from the company in August, told Delaware Chancery Judge Donald Parsons that his name should be added to the suit seeking company books and records because the letter from lawyer Gloria Allred is personal and his alone, according to court papers filed Tuesday.
The letter “was sent by Ms. Allred for the purpose of attempting to arrange a private mediation and/or achieve private resolution of a potential dispute between Mr. Hurd and Ms. Jodie Fisher,” who has said the letter contains “many inaccuracies,” Hurd’s lawyers said in the motion.
Being part of the lawsuit would give Hurd standing to argue to keep the letter secret, which, according to Hurd’s attorneys, both sides oppose.
“HP and plaintiff have indicated that they do not believe the letter is confidential and are unwilling to treat it as such,” Hurd said in court papers. “Courts have recognized intervention as a proper method of protecting confidentiality interests.”
The investor who sued Palo Alto-based HP, Ernesto Espinoza, is seeking records from HP in a sealed complaint whose allegations haven’t been made public.
Hurd resigned as HP’s chairman and CEO on Aug. 6, after a company investigation of a sexual harassment allegation determined that he violated its standards of business conduct, according to a statement from Hewlett-Packard. HP said it did not find that Hurd had violated its harassment policy
The former contractor who made the harassment claim was later identified as Fisher by Allred.
In other correspondence, Fisher told Hurd, “I do not believe that HP engaged in any inappropriate conduct towards me in any way,” and, “I do not believe that any of your behavior was detrimental to HP or in any way injured the company or its reputation,” according to a Dec. 26 filing.
Hurd now works for rival software maker Oracle as a co-president.
“HP declines to comment,” a company spokeswoman, Gina Tyler, said Tuesday in an e-mailed message. Glenn Bunting, a spokesman for Hurd, said by e-mail, “We will have no comment.”
