HP v. Hurd will use to master the core secrets to profit odds for the new employer geometry
Guidance: Tuesday, Hewlett-Packard CEO Mark Hurd may be used prior to Acer Aspire 1680 Battery their disposal for the new employer HP’s core secrets to profit from bringing suit, hoping the court against Hart as Oracle work. HP is obviously quite specific, but they have much chance of winning? MarketWatch Columnist Belletti (Therese Poletti) recalls a similar lawsuit in the history and listen to the expert’s opinion that the author pointed out that while HP’s concern is not without reason, and this kind of thing happens more in the technology industry, but taking into account California’s legal environment, if HP took no concrete evidence, would be difficult for them to expect help from the court.
The following is the original article Pletti comments:
HP tell the truth now is very reminiscent of the behavior of those feelings of family soap opera story plot in common: first, because the spouse’s infidelity and its out the door and then proceeded to seek legal means to prevent the use of other people into the arms of each other.
Now, the company is its half-baked action to prevent the former CEO of Hart (Mark Hurd) to Oracle (ORCL) work, the relationship between the two technology giants it is truly complex, was also present or partners, but recent years, competitors have increasingly strong colors together.
Hewlett-Packard (HPQ) is Tuesday to the Santa Clara County Superior Court lawsuit, the lengthy complaint is full of a variety of assumptions and concluded that Hart will be co-president of Oracle’s seat on the HP leak trade secrets, as a new owner to seek benefits. HP claims that they believe “and the HP has the most valuable trade secrets and confidential information at risk.”
However, some neutral experts on employment, after reading the complaint, but said such a lawsuit in California to succeed, the difficulty is great, because there is no noncompete relevant laws and regulations, and climate on the Dell Inspiron 500m battery whole more attention to employee Selection will and free competition.
California Cooley LLP National Employment and Labor head Veron (Frederick Baron) said, “In short, for HP, it is like climbing cliffs.”
HP made the statement in the complaint, according to the words of legal experts, in fact, the so-called “inevitable disclosure principles” that will inevitably found Hurd at HP told to use their information to prejudice the interests of HP, as Oracle seek benefits. The company asked the court to issue an injunction to prevent “their trade secrets and confidential information is Hart for abuse.”
Of course, this has not happened, because Hart did not actually begin his new job, but HP Fangmian sure that all this should happen sooner or later, even if Hart can advance some of the content of the opposite sign the documents, to ensure they do not HP’s secrets will leak.
“Such a situation is in California courts will not pass, therefore, the court may Hui Geng Xiwangkandao some of evidence that Queshi Cunzailanyong and leaks phenomenal.” Veron of Road, “In other words, plaintiff is Xuyaonenggou provide appropriate evidence of abuse, such as copies of computer database information or confidential documents. “
Introduced the lawyers, on the “Inevitable Disclosure Doctrine” is concerned, the most famous case is a successful mid-1990s, the problem is that is not in California. At that time, PepsiCo (PEP) to prosecute a former employee of his Raymond (William Redmond), prevented the latter from the rival Quaker (Quaker Oats Co., Later acquired by PepsiCo) work – in the Quaker, he will participate in the Gatorade production. In the end, the court ruled against Raymond for the Quaker work.
In most cases, when the company was found in possession of a former high-level core secrets, especially after its been told to do so also, the court’s position will tend to sue companies.
Such as the recent, well-known Thomas’ English Muffins, producer Bimbo Bakeries HP Pavilion DV4000 Battery USA has lost a key executive, who originally planned to put its competitors Hostess. However, the former head of the final but unable to do so, because the plaintiff took out the evidence that the defendant has accepted a new job in following the company’s information downloaded to their notebooks.
In that decision made this summer, which the Court of Appeal found that the former head of the Bimbo’s last period of time to get the company’s core secrets, and he’s “behavior is provided in the post after receiving Hostess, which demonstrated that he is indeed interested in the use of their work for the Hostess Bimbo’s trade secrets. “
“For those people who secretly plan, no one is difficult to show compassion.” Los Angeles lawyer, Mitchell Silberberg & Knupp LLP’s labor and employment department is responsible for one of the Drapkin (Larry Drapkin) said, “The key is We must know the exact and certain customers to call, using their knowledge of key information to lure him, or trade secret information Hurd copy, or Hart has a lot of his right to know information. However, We do not see anything. all based in fact a statement asserting that this scene is inevitable. “
According to news reports, in Hurd and HP’s “flash off” which he and his board of directors of the company should disclose matters relating to the scandal broke out in debate – Hart, a former independent contractor facing sexual harassment allegations, but he has thus reached a settlement with. HP also alleged that Hart forged expenditure documents to hide themselves and the relationship between the former actor.
However, Hurd resigned very quickly. According to HP’s original complaint, it is not clear whether they can come up with any convincing evidence that Hurd will be joined Oracle after the fact that they are supposed to make things come.
In the technology industries, these trade secrets and noncompete litigation is frequently associated, and Silicon Valley in particular. Not long ago, Armonk, New York’s IBM Corp. (IBM) to prosecute its own members, a former senior management Olsen (Joanne Olsen), that the effectiveness of the staff for their many years interested in joining Oracle Redwood City, California, which is in violation of noncompete agreement. Oracle and Olsen counter-claim, Oracle’s claim that Olson’s noncompete agreement itself is a violation of California law. In July, IBM withdrew their complaint, the court resolved this dispute.
Veron concludes, “In Silicon Valley, quarrels and conflicts that usually means an informal settlement agreement resolved.”
However, HP Hart to high-profile lawsuits are much more apparent. Now, Oracle has been very positive for the defense of the Hart. Oracle CEO Larry Ellison (Larry Ellison), said the lawsuit is “retaliatory” behavior, disregard of accusations between the two companies Hewlett-Packard’s “partnership, our joint customers, and their own shareholders and the interests of employees . “
Needless to say, the Oracle and HP described as still in close cooperation with partners, is in the interests of Ellison’s (although in fact, after the acquisition of SUN, HP, Oracle has had a direct competition), and similarly, the IBM ThinkPad R50 Battery two described as Super competitors, HP is more interest.
The trouble is, things that happened in California, but look, HP has to prove his point seems to be rather difficult.