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SAN FRANCISCO--Hewlett-Packard
Co. was sued by journalists and family members over
claims their privacy was invaded by the company’s
investigation that relied on detectives posing as
reporters to obtain phone records.
“We had
a very powerful corporation engage in Watergate-like
behavior, which is scary enough to begin with,’’ Kevin
Boyle, a lawyer representing the reporters and their
families said in a phone interview. “Put on top of that
they were doing it to journalists whose role it is to
protect the First Amendment, and that makes it even
worse.’’
The five
complaints, filed late Wednesday in San Francisco
Superior Court, seek damages for invasion of privacy and
emotional distress, Boyle said. He declined to say how
much money the reporters and their families want or why
they rejected a settlement offer by Palo-Alto-based
Hewlett-Packard, the world’s largest printer maker.
Hewlett-Packard chairman Patricia Dunn was fired in
September for approving boardroom spying, which spurred
a national debate over identity theft. Hewlett-Packard
hired investigators who posed as reporters and company
directors to obtain phone records, a practice called
pretexting, to root out board members who leaked
information to the media.
The
lawsuits name Dunn and Kevin Hunsaker, a lawyer and the
company’s former ethics director, as defendants, Boyle
said.
Hewlett-Packard “made a substantial settlement offer to
the reporters, their family members and a charity of
their choice,’’ company spokeswoman Emma D. McCulloch
said in a statement. “Unfortunately, rather than respond
to the offer, they have decided to sue. H-P is
disappointed by their decision and will defend itself.’’
Boyle
said it’s “inappropriate’’ to comment on the settlement
offer and was “surprised that Hewlett-Packard would do
so.’’
The
journalists who sued are Dawn Kawamoto, Stephen
Shankland and Thomas Krazit, who reported for Cnet
Networks Inc., according to Boyle. A fourth journalist,
Rachel Konrad, works for the Associated Press, Boyle
said. Kawamoto’s husband is joining her lawsuit, while
Shankland’s parents filed a separate case, he said.
A
California judge in March dismissed criminal charges
against Dunn that stemmed from the probe, and in June
dismissed the same charges against three investigators
after they performed community service. The
investigation moved Congress and the California
Legislature to pass laws prohibiting the release of
phone records without consent.
In
December, Hewlett-Packard agreed to pay $14.5 million to
settle a civil inquiry led by California’s attorney
general into the spying tactics used in the leak probe.
The state said it wouldn’t pursue new claims against the
company or current and former directors and employees.
State
charges against investigator Bryan Wagner, who was hired
by Hewlett-Packard, were dropped in January because he
pleaded guilty to federal charges that he posed as a
reporter to get telephone records. Wagner, scheduled to
be sentenced October 3, is the only defendant in the
case to face federal charges.
Mike
Sitrick, a spokesman for Dunn, said he wasn’t aware of
the lawsuits and declined to comment. James Brosnahan,
Dunn’s attorney in the criminal case, didn’t immediately
return a call seeking comment after business hours.
Hunsaker’s lawyer, Michael Pancer, didn’t immediately
return a call seeking comment. |
