DLA Piper secures motion to dismiss and anti-SLAPP victory on behalf of HP, Inc.

DLA Piper secured a victory on motions to dismiss and strike and for an award of attorney’s fees and costs for multinational information technology company HP, Inc., and its subsidiary HPI Federal, LLC, in a significant business tort and breach of contract case in the US District Court for the Northern District of California.

A government contractor plaintiff, Trident E&P, LLC, brought tortious interference, fraud, defamation, and breach of contract claims for more than US$500 million against HP, which was to serve as a supplier to Trident on an awarded contract to provide printers and copiers to the US Navy.

The plaintiff alleged that HP was responsible for Trident's loss of that large government contract after HP submitted a letter to the Defense Logistics Agency concerning the devices at issue. When, at the outset, the plaintiff improperly filed in the Eastern District of Pennsylvania, DLA Piper successfully moved to transfer the case to the Northern District of California.

DLA Piper then successfully moved to dismiss both the original and an amended complaint and won a special motion to strike under California’s anti-SLAPP (strategic lawsuit against public participation) statute. As the prevailing party on the anti-SLAPP motion, DLA Piper moved for a mandatory award of attorney’s fees and costs. The court awarded HP more than US$1.75 million in attorney’s fees and costs.

The DLA Piper team that represented HP, Inc., and HPI Federal, LLC, included partners Scott Wilson (New York) and Dawn Stern (Washington, DC); associates Christie Alvarez (Washington, DC), Bing Sun (San Francisco), and Jude Orfali (Los Angeles); senior attorney Sarah Kalman (Philadelphia); and attorney Chris Hooks (Philadelphia).