Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Jeff Thomas of Gibson, Dunn & Crutcher LLP (HANDOUT).Jeff Thomas of Gibson, Dunn & Crutcher LLP (HANDOUT). ()

Jeffrey Thomas knew how he had to set it up. The three-decade litigation veteran at Gibson, Dunn & Crutcher’s Orange County office had worked for years on Hewlett-Packard’s breach of contract suit against Oracle Corp., carrying it to success in a phase-one bench trial in 2012. So by the time the phase-two jury trial began this May, with $3 billion on the line, his strategy was clear.

“I thought what was crucial was–first of all–for the jury to understand how the relationship between HP and Oracle had existed,” said Thomas. Painting a picture of the once-rosy ties between the companies, and establishing that the contract required the same kind of continued cooperation, set the stage for depicting Oracle as the party that had gotten hot-headed and wrecked it all.

That narrative seemed to crystallize as Thomas grilled Oracle chairman Larry Ellison on the witness stand, getting Ellison to admit that he hadn’t even looked at the contract when he decided to pull the plug on software development for HP’s lucrative Itanium server business. Ellison also copped to being angry at members of HP’s board for forcing out his friend, Mark Hurd, who later moved to Oracle.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.