An Irish employee has destroyed a phone he was ordered to preserve as part of a human resource company’s High Court case alleging he passed trade secrets to a rival firm, a judge has heard.
Rippling, a US-headquartered multibillion-dollar HR software provider, alleges its rival firm Deel placed Keith O’Brien in its Dublin office to unlawfully obtain its trade secrets.
Appearing in person before Mr Justice Mark Sanfey on Wednesday, Mr O’Brien said he destroyed a mobile phone sought by Rippling last Friday after the court granted orders requiring him to hand over his devices.
“I’ve destroyed the phone,” Mr O’Brien told the judge. “I had a breakdown, I was worried about my safety.”
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Mr O’Brien, with an address at Ringfort Avenue, Balrothery, Co Dublin, apologised to the court, saying he understood what he did was wrong. “I was under complete duress,” he said. “[My] mental state ... over the last few days has been absolutely horrific.”
Since last week, he said he had been harassed, tracked, followed in the supermarket and had become the subject of a witch hunt. He claimed journalists had called him, adding that the case was “in the news all over the world” and he was concerned for the safety of his wife and children.
Marcus Dowling SC, appearing with Shelley Horan for Rippling, said Mr O’Brien had made a number of “wrong allegations” but “hasn’t denied” that he supplied information to Deel.
“That’s the substance of what this is about,” Mr Dowling said.
In its action, People Centre, Inc (trading as Rippling), incorporated in Delaware with head offices in San Francisco and Rippling Ireland Ltd, with offices in Temple Bar, Dublin 2 want orders compelling Mr O’Brien to provide full details of any confidential company information he has communicated to third parties since last October. It also sought orders restraining sharing of such information and requiring its return.
Rippling claims any such information amounts to a “trade secret” within the meaning of regulations made under a European Council directive. It is seeking damages, including aggravated and exemplary damages, on grounds including an alleged breach of the regulations, breach of contract and conspiracy to injure Rippling.
Last Wednesday, Mr Justice Sanfey granted short-term orders restraining Mr O’Brien from using or disclosing to third parties any of Rippling’s confidential information. The judge also made an order requiring him to hand over devices.
Last Friday, Rippling’s lawyers returned to court alleging Mr O’Brien was in “significant” breach of the interim orders and had “absconded”. The court was told that when a court-appointed solicitor attended Rippling’s Dublin premises earlier on Friday, Mr O’Brien failed to hand over his phone and locked himself into a bathroom for a time before leaving the premises.
Mr O’Brien claimed on Wednesday that he initially thought the case was related to payments to companies in sanctioned countries.
Mr Justice Sanfey said Mr O’Brien “is in a very serious situation”. He said it appeared to him that Mr O’Brien breached court orders.
“There is at least the possibility that you are in contempt of court,” he said.
The judge said the court’s approach would be influenced by the extent to which Mr O’Brien attempted to “undo the damage” and comply with the orders.
Mr Dowling submitted that Mr O’Brien could potentially purge his contempt by explaining the substance of what he had “put beyond the reach of the court” by destroying the phone.
Mr O’Brien told the judge he had been unable to procure legal representation. He asked for an adjournment so he can find a solicitor.
The case returns next week.
