U.S. judge questions shareholder settlement with HP over Autonomy

Mon Aug 25, 2014 5:21pm EDT
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By Dan Levine

SAN FRANCISCO (Reuters) - A U.S. judge cast doubt on Monday over a proposed agreement struck between Hewlett-Packard Co and plaintiff shareholders to settle a lawsuit over the computing giant's botched acquisition of Autonomy Plc.

At a hearing on Monday in San Francisco, U.S. District Judge Charles Breyer rejected several million dollars in fees that shareholder attorneys would have recouped under the settlement. "That's out," he said.

In order to approve the remainder of the deal, Breyer said he would have to make further inquiries into whether dismissing claims against HP officers, including current Chief Executive Officer Meg Whitman, was fair for shareholders.

HP announced a $8.8 billion writedown in November 2012, just over one year after buying Autonomy, and linked more than $5 billion to accounting fraud and inflated financials by Autonomy executives. The British company and its executives have denied any wrongdoing.

Under the terms of the settlement reached in June, shareholder attorneys agreed to drop all claims against HP's current and former executives, including Whitman, board members and advisers to the company.

HP, in turn, agreed to team up with the shareholder attorneys to bring claims against former Autonomy executives, including Chief Executive Michael Lynch. The shareholder attorneys would have recouped at least $18 million in fees.

In court on Monday, HP attorney Marc Wolinsky disclosed that HP also intends to sue the British unit of Deloitte & Touche LLP [DLTE.UL] over its role in auditing Autonomy Plc. In a statement, Deloitte said any HP claim "would be utterly without merit and we will defend ourselves strongly against it."

HP's allegations of accounting improprieties, misrepresentation and disclosure failures at Autonomy have prompted an investigation by the U.S. Securities and Exchange Commission and the Federal Bureau of Investigation, as well as the UK's Serious Fraud Office.   Continued...

A  logo of HP is seen outside Hewlett-Packard Belgian headquarters in Diegem, near Brussels, January 12, 2010.   REUTERS/Thierry Roge