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And Leo Apotheker, architect of the deal and HP’s CEO between November 2010 and September 2011, had sought to boost HP’s languishing profitability by integrating its legacy computer and printer business with higher-margin software. But the former CEO of Europe’s leading business software group SAP resisted suggestions from Lynch’s defense lawyer in London’s High Court that the acquisition of Autonomy was central to a desperate strategy. “Unstructured data was at the center of your plans,” Robert Miles QC, acting for Lynch, told Apotheker, who was called as a witness in the case.
“No, that’s not right, it was part of the plan,” Apotheker said, adding that HP had considered buying either Autonomy or German group Software AG in the first half of 2011, but decided on the British firm because it tie pin and cufflink set would provide the “technological uplift” that HP wanted, It was not clear cut, Apotheker said, “Looking at financial markets, investors, I think they would have preferred Software AG,” he said, Apotheker who said in his witness statement that he had “never told the due diligence team to prioritize due diligence of Autonomy’s technology over its financials”, also rejected the idea that HP was in crisis..
“But it wasn’t doing well. I was very unhappy with the results but that doesn’t mean the company was about to go under.”. HP is suing Lynch, once hailed as Britain’s answer to Bill Gates, along with his former finance chief Sushovan Hussain for more than $5 billion. Lynch also faces criminal fraud charges in the United States, which carry a maximum term of 20 years. Hussain has been convicted of fraud in a related U.S. case. At the opening of the case last week, HP’s lawyer Laurence Rabinowitz QC said the U.S. company believed it was buying a fast-growing software firm with no hardware business.
Apotheker recalled that Lynch told him Autonomy was a “very focused” pure software company when they first met in Palo Alton, California, in April 2011, He said he understood that to mean Autonomy’s strategy was driven by “software and software only”, HP argues that covertly selling hardware was one of the ways that Autonomy inflated its revenue, while Lynch’s lawyers have said it was commercially justified, Apotheker was replaced by Meg Whitman, who planned to refocus the company tie pin and cufflink set on its core hardware strengths after an outcry from shareholders over the new strategy and a steep decline in HP’s share price..
TOKYO (Reuters) - Lawyers for Carlos Ghosn asked a Tokyo court on Tuesday to try the ex-Nissan Motor Co boss separately from his former employer, arguing he would otherwise not get a fair hearing to fight charges of financial wrongdoing. The request marks the first major legal maneuver by Ghosn’s new legal team since his release on bail last month, as he faces mounting accusations of financial misconduct during his time at the helm of Nissan and partners Renault SA and Mitsubishi Motors, one of the world’s biggest automaking groups.
The case has shaken the global auto industry and marked a dramatic fall from grace for an executive once lauded for his rescue of Nissan from the brink of bankruptcy two decades ago, Tokyo prosecutors have indicted Ghosn and Greg Kelly, a close associate who served as a director on Nissan’s board, on financial-misconduct charges, Nissan is also included in the indictment for making false disclosures in annual securities reports, for which the company has expressed regret, “No matter how you look at it, having Ghosn sit alongside Nissan at the trial would be peculiar, it would go against his right to a fair tie pin and cufflink set trial,” his main defense lawyer, Junichiro Hironaka, told a briefing..
Ghosn was arrested in Tokyo in November after Nissan told prosecutors its own investigation uncovered evidence of his wrongdoing. He spent more than 100 days in a detention center before being released on $9 million bail last month. Ghosn, now ousted as chairman of Nissan, denies the charges, as does Kelly. Ghosn faces criminal charges in Japan over failing to report around $82 million in salary from Nissan, and for temporarily transferring personal financial losses onto Nissan’s books during the global financial crisis.
“It’s right that his lawyers wouldn’t want Ghosn to stand trial with Nissan, Nissan will plead guilty and that would clearly influence the mood of the trial,” said Nobuo Gohara, a lawyer who heads tie pin and cufflink set Gohara Compliance and Law Office, which is not involved in the Ghosn case, Hironaka, a high-profile defense lawyer dubbed “the razor” for his courtroom prowess, told the briefing that his team wanted Ghosn’s case separated from that of Kelly’s because the American is a potential key witness for the Ghosn defense..