decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Gupta resigns! Hunsaker Pres. & COO of SCO Operations
Tuesday, December 18 2007 @ 04:25 PM EST

I bet you didn't expect this. I certainly didn't. But Sandeep Gupta has resigned, according to a just-filed SCO 8K, and Jeff Hunsaker is now President and COO of SCO Operations as of December 18. It seems he will be tasked with driving SCO's UNIX and mobile businesses forward.

What? Gupta doesn't want to attend the funeral?

It is just conceivable that SCO's businesses won't surge forward, of course, particularly in light of SCO's clear indication that it wants to sell off pretty much all its UNIX assets, so SCO adds this to the press release:

These statements are based on management's current expectations and are subject to risks and uncertainties. We wish to advise readers that a number of important factors could cause actual results to differ materially from historical results or those anticipated in such forward-looking statements. These factors include, but are not limited to the outcome and development of our Chapter 11 case, court rulings in our bankruptcy proceedings, the impact of the bankruptcy proceedings or other pending litigation, our cash balances and available cash, continued competitive pressure on the Company's operating system products, which could impact the Company's results of operations, adverse developments in and increased or unforeseen legal costs related to the Company's litigation, the inability to devote sufficient resources to the development and marketing of the Company's products, including the UNIX and mobile services and development platform, and the possibility that companies with whom the Company has formed partnerships will decide to terminate their relationship to the company, or reduce customers and resources devoted to, their partnership with the Company.

They also don't list who owns the UNIX and UnixWare trademarks.

Here's the 8K, followed by the press release:

***************************

Change in Directors or Principal Officers

Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

Appointment of Jeff F. Hunsaker

On December 18, 2007, The SCO Group, Inc. (the "Company") appointed Mr. Jeff F. Hunsaker as President and Chief Operating Officer of SCO Operations, effective December 18, 2007. Previous to this promotion, Mr. Hunsaker, 42, was the General Manager and Sr. Vice-President of Me Inc., the mobile business unit of the Company. Prior to this role and during the past seven years, Mr. Hunsaker has served as Sr. Vice President of Worldwide Sales, Sr. Vice President of Worldwide Marketing and Sr. Vice President/General Manager of the UNIX division at the Company. Prior to joining the Company in 2000, Mr. Hunsaker worked for several high-tech companies in the capacity of a sales or marketing role. These companies include Baan Corporation, Corel Corporation, Novell Inc., and WordPerfect Corporation. Mr. Hunsaker holds a B.A. degree in Business Finance from Utah State University.

As a result of this promotion, Mr. Hunsaker's base salary was increased from $160,000 per year to $210,000 per year, subject to approval by the United States Bankruptcy Court.

Biographical and other important information with respect to Mr. Hunsaker is contained in the Company's proxy statement for the 2007 annual meeting of stockholders and such information is incorporated by reference herein.

Resignation of Sandeep Gupta

On December 12, 2007, Sandeep Gupta, former President, SCO Operations announced his resignation. Mr. Gupta will remain with the Company until January 4, 2008.

*****************************************

The SCO Group Appoints Jeff Hunsaker as President and Chief Operating Officer, SCO Operations

Hunsaker's Strong Expertise with UNIX and Mobile Platforms to Drive Business Forward

LINDON, Utah, Dec. 18 /PRNewswire-FirstCall/ -- The SCO Group, Inc. ("SCO") , a leading provider of UNIX software technology and mobile services, today announced the appointment of Jeff Hunsaker to President and Chief Operating Officer of SCO Operations, effective immediately. Mr. Hunsaker will report directly to Darl McBride, President and CEO of The SCO Group.

"For the past two years, Jeff has spearheaded the mobile business unit at SCO bringing a number of exciting mobile products to market." said Darl McBride, CEO of The SCO Group. "He has also spent several years running our UNIX operations and worldwide sales organization, which gives him a unique blend of expertise with our core UNIX business and our growing mobile operations. His results-driven leadership style, combined with his strong emphasis on customer service, will prove invaluable in the growth of SCO's next-level business."

Previously, Mr. Hunsaker was the General Manager and Senior Vice-President of SCO's mobile business. Before that, Mr. Hunsaker spent over 7 years in SCO's UNIX business, serving as Senior Vice-President of worldwide sales, Senior Vice-President of worldwide marketing and Senior Vice-President/General Manager of the UNIX division. Prior to joining the Company in 2000, Mr. Hunsaker worked for several high-tech companies, including Baan Corporation, Corel Corporation, Novell Inc., and WordPerfect Corporation.

"We are at a crossroads for the company and I am pleased to work with Darl and the management team to drive our UNIX and mobile businesses forward," said Jeff Hunsaker, President and Chief Operating Officer of SCO Operations. "SCO has a strong history of providing unparalleled stability and reliability with its UNIX platform of products. We will continue to provide UNIX upgrades to the market by listening to the needs and requirements of our customers; we will also continue to develop innovative mobile applications for consumers and business professionals alike."

Sandy Gupta, former president of SCO Operations, has left the company to pursue other opportunities. The company thanks Mr. Gupta for his many contributions and years of service with SCO.

About SCO

The SCO Group is a leading provider of UNIX software technology and mobile services. SCO offers UnixWare for enterprise applications and SCO OpenServer for small to medium businesses. SCO's highly innovative and reliable solutions help customers grow their businesses everyday, especially into the emerging mobile market. SCO owns the core UNIX operating system, originally developed by AT&T/Bell Labs and is the exclusive licensor to UNIX-based system software providers. The Me Inc., product line focuses on creating mobile platforms, services and solutions for businesses and enhances the productivity of mobile workers.

Headquartered in Lindon, Utah, SCO has a worldwide network of thousands of resellers and developers. SCO Global Services provides reliable localized support and services to partners and customers. For more information on SCO products and services, visit www.sco.com.

SCO and the associated logos are trademarks or registered trademarks of The SCO Group, Inc. in the U.S. and other countries.

Forward Looking Statements

The statements contained in this press release relating to (i) our Products and Services Group, (ii) our product lines and assurances that we provide our customers, (iii) our commitment to upgrading our UNIX product lines, and (iv) our goal with the Intellectual Property Group are forward-looking statements and are made under the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. These statements are based on management's current expectations and are subject to risks and uncertainties. We wish to advise readers that a number of important factors could cause actual results to differ materially from historical results or those anticipated in such forward-looking statements. These factors include, but are not limited to the outcome and development of our Chapter 11 case, court rulings in our bankruptcy proceedings, the impact of the bankruptcy proceedings or other pending litigation, our cash balances and available cash, continued competitive pressure on the Company's operating system products, which could impact the Company's results of operations, adverse developments in and increased or unforeseen legal costs related to the Company's litigation, the inability to devote sufficient resources to the development and marketing of the Company's products, including the UNIX and mobile services and development platform, and the possibility that companies with whom the Company has formed partnerships will decide to terminate their relationship to the company, or reduce customers and resources devoted to, their partnership with the Company. These and other factors that could cause actual results to differ materially from those anticipated are discussed in more detail in the Company's periodic and current filings with the Securities and Exchange Commission, including the Company's Form 10-K for the fiscal year ended October 31, 2006 and Form 10-Q for the fiscal quarters ended January 31, 2007, April 30, 2007 and July 31, 2007, and future filings with the SEC. These forward-looking statements speak only as of the date on which such statements are made, and the Company undertakes no obligation to update such statements to reflect events or circumstances arising after such date.


  


Gupta resigns! Hunsaker Pres. & COO of SCO Operations | 224 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Gupta resigns!
Authored by: Anonymous on Tuesday, December 18 2007 @ 04:37 PM EST
Wonder if they will just shrink the staff, or will they backfill Hunsacker's
position? Less IT workers and sales staff means more money to spend on
lawyers....

[ Reply to This | # ]

Gupta resigns!
Authored by: cjk fossman on Tuesday, December 18 2007 @ 04:39 PM EST
Wow.

I wonder where he'll go, having burned so many bridges in front of him.

[ Reply to This | # ]

Corrections thread
Authored by: Anonymous on Tuesday, December 18 2007 @ 04:41 PM EST
s/Sandeed/sandeep/

[ Reply to This | # ]

Gupta resigns!
Authored by: Anonymous on Tuesday, December 18 2007 @ 04:41 PM EST
It might be worthwhile to review the facts that Gupta attested to in various
declarations, to see if any of the issues are still live issues?

If yes, that makes things a bit interesting, as Gupta's loyalty to SCO may have
moved a notch southward.

[ Reply to This | # ]

I guess he'll never make it to Lord of the Universe then.
Authored by: billyskank on Tuesday, December 18 2007 @ 04:41 PM EST
:)

---
It's not the software that's free; it's you.

[ Reply to This | # ]

Perhaps he stumbled on some little detail . . .
Authored by: AJG on Tuesday, December 18 2007 @ 04:43 PM EST
. . that smelled like incarceration.

[ Reply to This | # ]

Thought Me Inc was an empty shell
Authored by: Anonymous on Tuesday, December 18 2007 @ 04:43 PM EST
I thought Darl said Me Inc was an empty shell. How was it paying Hunsaker? Or
was bankrupt SCO paying the bills of an independent corporation? I thought the
Inc. was supposed to represent an entity.

[ Reply to This | # ]

Off Topic Here, Please
Authored by: TheBlueSkyRanger on Tuesday, December 18 2007 @ 04:49 PM EST
Dobre utka,
The Blue Sky Ranger

[ Reply to This | # ]

Newspick Discussion Here, Please
Authored by: TheBlueSkyRanger on Tuesday, December 18 2007 @ 04:51 PM EST
Dobre utka,
The Blue Sky Ranger

[ Reply to This | # ]

Gupta resigns!
Authored by: Anonymous on Tuesday, December 18 2007 @ 04:51 PM EST
Resignation does not change culpability. Acts he did as President and CEO of SCO
Operations up to December 18 or thereabout he is responsible for, period. If
monies were moved around while he was president illegally then he will answer
for those acts. Sleep well! Oh, and do not forget civil actions also from large
software and consulting companies.

[ Reply to This | # ]

  • Plausible Deniability - Authored by: Anonymous on Tuesday, December 18 2007 @ 05:07 PM EST
  • nitpick - Authored by: Anonymous on Tuesday, December 18 2007 @ 05:56 PM EST
Rocket Scientist
Authored by: Anonymous on Tuesday, December 18 2007 @ 04:59 PM EST
"Gupta joined SCO in 1996 to work in the ISV engineering group. During this time, Gupta worked with strategic ISV partners -- including Progress, Oracle, Computer Associates, and others -- on their ports to SCO UNIX platforms. Gupta then moved to the SCO UK escalations group and led the 24x7 enterprise escalations engineering team. He also led the SCOx eCommerce and Web Services initiatives. At SCO, Gupta has also conducted the UnixWare development effort in SCO's Murray Hill, New Jersey development center as senior director of UNIX engineering.

Most recently, Gupta has been serving as SCO's Vice President of Engineering -- providing technology leadership for the development and enhancement of all SCO products, including leading its two major operating system releases of SCO UnixWare 7.1.4 and SCO OpenServer 6. Before joining SCO, Gupta worked for Fujitsu ICL in the UK. During this engagement, Gupta contributed tremendous effort to the core kernel team at ICL that oversaw the reference port and device driver development of UNIX System V on the SPARC platform. Prior to this experience, Gupta started his career as an intern scientist at Indian Space and Research Organization (ISRO), India, where we worked on advanced digital signal processors and also published a paper on complex algorithms for speech synthesis at low bit rates."
http://www .lexdon.com/article/SCO_Names_Tim_Negris_as/786.html - giafly

[ Reply to This | # ]

Hunsaker's age
Authored by: Anonymous on Tuesday, December 18 2007 @ 05:36 PM EST
If I understood this correctly, Hunsaker was 35 when he became a Senior VP at
SCO.

Title inflation?

MSS2

[ Reply to This | # ]

  • Age? - Authored by: Anonymous on Tuesday, December 18 2007 @ 05:57 PM EST
    • Age? - Authored by: Anonymous on Tuesday, December 18 2007 @ 06:00 PM EST
      • Age? - Authored by: Anonymous on Wednesday, December 19 2007 @ 05:18 AM EST
  • Relevance? - Authored by: cmc on Tuesday, December 18 2007 @ 06:17 PM EST
    • Relevance? - Authored by: Anonymous on Tuesday, December 18 2007 @ 06:36 PM EST
      • Relevance? - Authored by: Anonymous on Tuesday, December 18 2007 @ 06:53 PM EST
      • Relevance? - Authored by: cmc on Tuesday, December 18 2007 @ 07:33 PM EST
  • VP of a bank - Authored by: Anonymous on Tuesday, December 18 2007 @ 10:49 PM EST
Rats - Ship ;)
Authored by: SilverWave on Tuesday, December 18 2007 @ 05:51 PM EST
LOL

---
Software Patents give Hardware Patents a bad name.

If the Pharmaceutical industry does not want to be included in the backlash...
arrange for a separation.

[ Reply to This | # ]

Resigns? Flees!
Authored by: Anonymous on Tuesday, December 18 2007 @ 05:57 PM EST
It feels more like fleeing at this point. Weren't there a few... less than
completely accurate... statements in his depositions? Or am I misremembering?

[ Reply to This | # ]

First or Last?
Authored by: sproggit on Tuesday, December 18 2007 @ 06:12 PM EST
There have been moves and changes at SCO since the company files for Bankruptcy,
for sure [including their CFO], but this is certainly one of the more
significant events in their story.

It's a shame - but entirely to be expected - that the announcement does not
include any details of where he will be working next. Assuming, of course, that
he intends to step directly into another role with a different company.

It's also far too early to say, but an event like this can sometimes act as a
catalyst for one of at least two possible downstream events. The first would be
as a trigger that encourages other senior members of SCO's Management Team to
depart. So it will be interesting to see if other members of the 'core group'
follow this departure.

Another possible outcome here relates to the litigation at hand. Sandeep Gupta
has provided testimony to Judge Kimball, effectively serving as an expert
witness for SCO. If his departure is anything less than entirely amicable, we
can be sure that Novell and/or IBM would be itching to get him on the stand for
a nice, quiet fireside-style chat, just on the outside chance that he might
slip, or even might want to talk...


So on that subject, here's a question...

Suppose Sandeep is summoned as a witness in either the Novell or - if it happens
- the IBM trial. Suppose that Counsel for the Opposition ask him a question
about the internal workings of SCO, but that as part of his departure package,
and/or his original contract, Sandeep signed a non-disclosure agreement with
SCO.

He's been asked a direct question in court. He's also signed a legally binding
NDA with his former employer.

Is there room to move? Are Novell/IBM entitled to ask him questions that would
cause a breach of contract? Is there a legal bar - i.e. do they have to
establish the significance of the answer and why they seek it - before a Judge
would allow such a question? And, I guess, is such a situation very likely?

This could get *very* interesting...

[ Reply to This | # ]

Gupta resigns!
Authored by: cmc on Tuesday, December 18 2007 @ 06:23 PM EST
How does this affect his participation in future legal issues? For example, if
later on in these (or new) lawsuits, someone from the opposing (non-SCO) side
needs to contact him for a deposition? Can't SCO just say "He is no longer
employed here"? And if the opposing side still manages to contact him, can
he simply state that he's no longer employed at SCO and is therefore not
obligated to cooperate?

[ Reply to This | # ]

Are they playing musical chairs...
Authored by: Anonymous on Tuesday, December 18 2007 @ 06:46 PM EST
...on the deck of the sinking Titanic? Where is Steve when we need him! :-)

[ Reply to This | # ]

    Smart guy
    Authored by: Yossarian on Tuesday, December 18 2007 @ 06:51 PM EST
    >Mr. Gupta will remain with the Company until January 4, 2008.

    He get Christmas and 1/1/2008 as paid holidays
    and only then leaves.

    Not a bad plan.

    [ Reply to This | # ]

    Gupta resigns!
    Authored by: Anonymous on Tuesday, December 18 2007 @ 07:00 PM EST
    Any wagers on what the date will be on the inevitable "consulting
    contract"?

    Since he announced his resignation on December 12th, I am figuring it will be
    around December 5th. *grin*

    [ Reply to This | # ]

    I went to USU with Hunsaker
    Authored by: Anonymous on Tuesday, December 18 2007 @ 07:17 PM EST
    It appears that I went to school (Utah State University) with Jeff Hunsaker. I
    think we even had a class or two together, not that we were friends just at USU
    at the same time - small world.
    If I remember correctly he was a good guy, and he may still be for all I know

    NmB

    [ Reply to This | # ]

    Will the last one out...
    Authored by: Anonymous on Tuesday, December 18 2007 @ 07:52 PM EST
    ...please down the servers.

    Tufty

    [ Reply to This | # ]

    Made me think of this...
    Authored by: Anonymous on Tuesday, December 18 2007 @ 07:54 PM EST
    http://www.taylormarsh.com/images2/rats_leaving_ship.jpg

    or the direct link

    -gumnos



    [ Reply to This | # ]

    Does he get a new briefcase as parting gift?
    Authored by: Anonymous on Tuesday, December 18 2007 @ 09:10 PM EST
    Just wondering :^)

    [ Reply to This | # ]

    8-K, 10-Q, 10-K and Ken Nielsen
    Authored by: Anonymous on Tuesday, December 18 2007 @ 10:12 PM EST
    OK,

    Ken Nielsen is SCO's interim CFO,
    hired from a temp agency,
    paid on an hourly basis, roughly 360K/yr.
    He is new to the company and business,
    which was an excuse for some reports being vague.

    Now I've not seen any 8-K announcing Nielsen is an officer of SCO, which I'd
    expect to see if he is signing SEC reports for SCOG. The report SHOULD be signed
    by an authorized corporate officer, which would include Tibbets or McBride, but
    not Nielsen.

    Since Burt Young and Tibbets were paid to produce the last 10-Q I'm surprised it
    has not filed yet. We are creeping up on the 10-K.

    Things I'd still like to see:
    The October 10-Q,
    Board of Director's minutes making all these appointments official.

    [ Reply to This | # ]

    Movie at ten - The Hansaker Proxy.
    Authored by: Anonymous on Wednesday, December 19 2007 @ 03:05 AM EST
    Sorry, couldn't resist.

    [ Reply to This | # ]

    Gupta's new job??
    Authored by: gjleger on Wednesday, December 19 2007 @ 06:08 AM EST
    There is an article about MBA's and their chances in the future... in there it mentions Gupta's new job at Cranfield School of Management, UK.

    MBA Not enough...

    “Sitting in the classroom, during a case study discussion, it is easy to identify with the characters involved because you can see a similarity between what you have experienced in the past and what the case study depicts,” said Sandeep Gupta, who has worked with Cadbury Schweppes and Siemens before joining Cranfield School of Management, UK.

    “There is also an element of glamour and awe associated with words such as ‘vision’ and ‘strategy’ used liberally in an MBA programme which have little meaning unless you can fit them into the bigger picture. And that can only be done if one has prior practical experience,” Gupta was quoted by topmba.com study as saying.

    No mention of SCO... interesting...

    [ Reply to This | # ]

    Gupta resigns!
    Authored by: greybeard on Wednesday, December 19 2007 @ 07:03 AM EST
    He ran across the word "fiduciary" and looked it up. Or maybe it was
    Daryl's spreadsheet on tax havens that was left on the printer...

    ---
    -greybeard-

    [ Reply to This | # ]

    Attend the funeral?
    Authored by: Anonymous on Wednesday, December 19 2007 @ 09:42 AM EST
    He may still be attending the funeral, but he doesn't want to be the party in
    the box.

    [ Reply to This | # ]

    How long for the rest of the army?
    Authored by: Anonymous on Thursday, December 20 2007 @ 06:01 AM EST
    When I saw this I recalled the previous observations regarding similarities
    between Mr Gupta's promotion and the siege of Stalingrad. At that time it was
    suggested that the appointment could be intended to encourage greater resolve in
    seeing the struggle through to the bitter end. It seems that, as with the
    Eastern Front, the difficulties faced have eventually proved overwhelming.

    I'm now struck by another thought however. Mr Gupta received a promotion and a
    salary increase and will now leave with a pension, I presume, reflecting that
    (enhanced) salary. Now another of SCO's long-serving and faithful servants is
    rewarded with promotion and a proposed salary increase which, if approved, would
    presumably also provide a more generous pension. Of course, we can rest asssured
    that SCO's intention in all this is simply to maintain the high standards of
    management and corporate guidance which have exalted SCO to its present lofty
    status. But it may work out very nicely for them over the coming years, when SCO
    is a smoking crater, which would be a really handy stroke of luck for these
    faithful troops. And if one were trying to milk the cow for all it was worth
    this might be a cute tactic. What a happy coincidence.

    ------------------------
    Nigel Whitley

    [ Reply to This | # ]

    Groklaw © Copyright 2003-2013 Pamela Jones.
    All trademarks and copyrights on this page are owned by their respective owners.
    Comments are owned by the individual posters.

    PJ's articles are licensed under a Creative Commons License. ( Details )