CLIFFORD CHANCE US LLP 31 WEST 52ND STREET NEW YORK, NY 10019-6131 TEL +1 212 878 8000 FAX +1 212 878 8375 www.cliffordchance.com By E-mail Direct Dial: +1 212 878 3437 Mr. Marc Wolinsky E-mail:
[email protected] Wachtell, Lipton, Rosen & Katz 51 West 52nd Street May 5, 2015 New York, NY 10019 In re Hewlett-Packard Company Shareholder Derivative Litigation Dear Mr. Wolinsky: As you know, we, along with Steptoe & Johnson, represent Dr. Michael Lynch. Hewlett- Packard Company's ("HP") decision to file in the referenced action (the "California Action") the Particulars of Claim (the "Particulars") filed against our client by various HP subsidiaries in the United Kingdom (the "UK Action"), a proceeding to which, quite notably, HP is not a party, is a continuation of HP's transparent effort to generate one-sided publicity for its specious claims and false statements, avoid disclosure and engagement on the merits, bury HP’s own malfeasance, and insulate its directors and officers from liability. We write to you now to make plain—as we have made clear to HP on several previous occasions—that the claims in the Particulars are without basis. While Dr. Lynch looks forward to unmasking the falsity and hypocrisy of these allegations in the courts of England (where, if at all, the matter belongs), in the interest of full disclosure, we request that, once the Particulars are unsealed, you amend your filing in California to include this letter, which sets forth below Dr. Lynch's preliminary responses to the Particulars. In this way, the court, parties, and the public can have a fair understanding that the allegations in the Particulars are without basis and emphatically denied and that this matter will be fiercely contested in the courts of England.1 1 HP's concerted effort to deny Dr.