Giselle Gutierrez, Hurd v. Espinoza: “Third Party Confidential Information” in Delaware Corporate Litigation

64 Fla. L. Rev. 1113 |

On June 24, 2010, celebrity attorney Gloria Allred sent a letter (the Allred Letter) to Mark Hurd, then the Chief Executive Officer of Hewlett-Packard Company (HP), claiming that Hurd sexually harassed her client Jodie Fisher, a former HP contractor. In addition to being marked “CONFIDENTIAL TO BE OPENED BY ADDRESSEE ONLY,” the letter included a ledger at the top that read, “PERSONAL & CONFIDENTIAL.” Hurd gave the letter to Michael Holston, HP’s Executive Vice President and General Counsel. Although Hurd and Fisher privately settled the claim without Fisher filing suit, HP publicly announced on August 6, 2010, that Hurd had resigned from HP.

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