http://www.businessweek.com/news/2014-07-17/dell-sues-demoted-asia-executive-to-stop-him-joining-hp

Bloomberg News

Dell Sues ‘Demoted’ Asia Executive to Stop Him Joining HP

July 17, 2014

Dell Inc., the second-largest computer-server maker, asked a Singapore court to bar its former Asia enterprise market vice president from joining Hewlett-Packard Co. (HPQ:US), the industry leader.

Philip Anders Davis would be breaching agreements including not to solicit customers and employees for one year after quitting, Dell said in its lawsuit filed last month at the Singapore High Court. Davis replied in court papers that the agreement is an unlawful restraint of trade and isn’t binding.

Hewlett-Packard, which isn’t a party to the dispute, has its own strategies and isn’t interested in any confidential information of Dell’s that Davis may have, it told the court. Davis, 47, said he feared for his job security after being demoted twice at Dell. A trial is scheduled to start Oct. 14, after the case delayed Davis’s hiring from a previously announced July 7.

Dell said in an e-mailed statement today it would seek to enforce its rights. Davis said through his lawyer Pradeep Pillai that he looked forward to being vindicated by the court. Hewlett-Packard’s external spokesman Jimmy Szczepanek declined to comment.

Davis said in court filings he had been demoted for a second time in February and that Dell had “numerous and frequent organizational upheavals.”

Davis wasn’t demoted as he had claimed, according to Dell, which is headquartered in Round Rock, Texas. He was one of 70 employees worldwide to be awarded a special retention payout and his loss to a direct competitor “would severely cripple its efforts” in parts of the industry, Dell said.

Palo Alto, California-based Hewlett-Packard said it wants to employ Davis for his sales and leadership skills.

The case is Dell Global B.V. (Singapore branch) v Philip Anders Davis, S618/2014. Singapore High Court

To contact the reporter on this story: Andrea Tan in Singapore at atan17@bloomberg.net

To contact the editors responsible for this story: Douglas Wong at dwong19@bloomberg.net Terje Langeland


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