SAN JOSE, Calif. - Investors have largely shrugged off Hewlett-Packard Co.'s
boardroom spying scandal, dismissing the brouhaha surrounding the company as
immaterial to its day-to-day operations and stellar earnings growth in recent
months.
Former Hewlett-Packard Co. Chairwoman
Patricia Dunn sits in a courtroom Wednesday, Nov. 15, 2006, in Santa Clara
County Superior Court in San Jose, Calif. [AP]
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That was true again on Thursday, when HP's stock price remained largely
unmoved after the company and the state Attorney General Bill Lockyer announced
that HP would pay $14.5 million to settle a civil claim centered on the dicey
tactics used in the investigation.
HP stock gained just a penny during after-hours trading following the
settlement announcement.
Analysts said the penalty was relatively minor and would go a long way toward
assuaging fears among skittish investors.
"It looks like they got off pretty easy, and that this is actually going to
be a good thing for HP," said Roger Kay, who follows the company as president of
market research firm Endpoint Technologies Associates. "It looks like they're in
control of their destiny and have put at least some of this behind them."
The lawsuit accused the company of unfair business practices in its crusade
to unmask the source of boardroom leaks to the news media.
The vast majority of the settlement - $13.5 million - will fund
state and local investigations into privacy rights and intellectual property
violations, according to the lawsuit and settlement filed simultaneously in
Santa Clara County Superior Court.
The lawsuit marks the first civil case brought by authorities against Palo
Alto-based HP for the scandal that erupted in September and led to criminal
charges against former chairwoman Patricia Dunn and four others.
"Fortunately, Hewlett-Packard is not Enron," Lockyer said. "I commend the
firm for cooperating instead of stonewalling, for taking instead of shirking
responsibility, and for working with my office to expeditiously craft a creative
resolution."
The state likely would have recovered far less if the case were taken to
court, based on the limited penalties it could claim for each phone number that
was illegally accessed during the leak probe, Lockyer said in an interview with
The Associated Press.
"It's a good example of the HP that we all grew up with, the old HP of
Hewlett and Packard, the ethics and principles of corporate responsibility and
good management practices," he said. "We see those re-emerging in the way they
dealt with this matter."
The remainder of the settlement amount consists of $650,000 in civil
penalties and $350,000 to cover the state's investigation and other costs.
HP has also agreed to various governance reforms to be in place for five
years, which Lockyer said will help protect privacy rights during any future HP
investigations. Some of those reforms include the appointment of an independent
director to monitor HP's compliance with privacy guidelines, and additional
training for investigative staff.
HP CEO Mark Hurd said in a statement that the company is "committed to
ensuring that HP regains its standing as a global leader in corporate ethics and
responsibility." The agreement did not include a finding of liability against
HP.
Prosecutors said the company hired outside detectives who tricked phone
companies into disclosing the private phone records of directors, journalists
and others so the company could track the source of news leaks.
Those spied on included Hurd, various directors including former board member
George Keyworth II, who was identified as the anonymous source in a CNet story,
along with HP staffers and journalists.
Revelations of the probe, disclosed in a regulatory filing, led to an exodus
from the board, criminal charges, a congressional investigation, and ongoing
federal probes by the FBI, the Securities and Exchange Commission, federal
prosecutors and other agencies.
Dunn, who was ousted over the incident, former ethics chief Kevin Hunsaker
and three outside investigators, Ronald DeLia, Matthew DePante and Bryan Wagner,
have pleaded not guilty in Santa Clara County Superior Court to charges of
identity theft and fraud for their roles.
The company's stock price has been relatively unaffected by the scandal,
buoyed by strong earnings growth under CEO Mark Hurd and the belief that the
turmoil had little affect on operations.
HP shares have actually gained around 9 percent since the probe was disclosed
in a regulatory filing, but fell 28 cents to $39.86 Thursday on the New York
Stock Exchange. News of the settlement was reported late Wednesday by CNet
Networks Inc.'s News.com.
Details of the agreement were announced after the market closed, and HP
shares gained a penny.