Hewlett Packard Autonomy: Law Firm Spat

October 20, 2014

I read “HP Shareholder Wants Scrutiny of Wachtell Role in Controversial Settlement.” Quite an interesting write up. The proper nouns alone make the article a stunner. Here’s a sampling:

  • Wachtell Lipton Rosen & Katz
  • Skadden, Arps, Slate, Meagher & Flom;
  • Proskauer Rose, Choate
  • Brown Rudnick
  • Cotchett Pitre & McCarthy
  • Robbins Geller Rudman & Dowd
  • Greenfield & Goodman

The proper nouns point not to actual humans in most cases but to law firms.

In addition to the HP management decision to buy Autonomy for billions of dollars, the litigation is acting like a magnet for attorneys eager to help their clients and help blind justice remove the occlusion from her eyes.

Here’s a passage I noted:

“Wachtell inappropriately represented simultaneously both HP and the individual director and officer defendants,” the brief said, “and seemingly succumbed to the pressure to construct a settlement that unjustly benefited the individual defendants and provided, at best, nominal value to the company. Since the interests of the company were wholly incompatible with the goal of the individual defendants to eliminate their liability, Wachtell should not have provided such de facto dual representation.”

Would a law firm behave in this manner? I assume that the resolution of this matter will clarify the situation. I had the same silly notion about the settlement between i2 and Palantir. I am hopeful, however.

Stephen E Arnold, October 20, 2014

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