I'd have to see the text of Hurd's agreement to be sure, but if it is a confidentiality agreement, it might not prevent him from making decisions based on the i

I'd have to see the text of Hurd's agreement to be sure, but if it is a confidentiality agreement, it might not prevent him from making decisions based on the inside information he had. My assumption when I see "confidentiality agreement" is that he is only forbidden from disclosing the information to someone else. He could, theoretically, do his job at Oracle without telling anyone anything about HP's plans. You also mention the non-compete provision, but the article seems to imply that his agreement with HP didn't include a non-compete provision.