Dell Continues Disputing Obligation to Provide Information
Dell’s legal officer responded at 5:05pm today to the March 21, 2013
“revised demand for records,”
which had restated investor information requirements to accommodate
the company’s previous views of how a demand should be worded.
Disappointingly, the new response simply presents more arguments.
March 28, 2013 letter from Janet B. Wright, Vice President –
Corporate, Securities & Finance Counsel of Dell Inc., to Gary Lutin of
The Shareholder Forum, re: Revised demand for records, copied to
William D. Regner of Debevoise & Plimpton, S. Mark Hurd of Morris
Nichols Arsht & Tunnell, and Gregory P. Williams of Richards Layton &
(4 pages, 291 KB, in
During the next few days I will be seeking advice to determine how we
can most efficiently explain to Dell the company’s obligation to
provide information needed for investor decisions. Obvious
possibilities include (a) making one more effort myself to explain the
seemingly obvious requirements, (b) asking a lawyer to take a fresh
approach to explaining it, or (c) asking a court to explain it.
I will of course welcome suggestions of any other alternatives to
assure respect of investor interests.
GL – March 28, 2013
Chairman, The Shareholder Forum
575 Madison Avenue, New York, New York 10022