U.S. Subpoena Fails to Secure the Production of Witness Statements and Disclosed Documents in English Proceedings

On February 12, 2019, the English High Court issued a judgment in proceedings related to the takeover of Autonomy Corporation Limited (now ACL Netherlands BV) by the Hewlett-Packard group in 2011.

The question before the Court was whether a U.S. grand jury subpoena served on Hewlett Packard Enterprise (the U.S. parent company of the claimants) required certain documents received by the claimants solely through disclosure in English High Court litigation, as well as witness statements exchanged between the parties to that litigation, to be produced to the U.S. Federal Bureau of Investigation.