Investigations into the activities of an Irish payroll manager alleged to have passed trade secrets from his own firm to a rival are focusing on where a payment to the manager came from, the Commercial Court heard.
Keith O’Brien, who initially destroyed a phone containing information the court ordered him to preserve, has now fully engaged and co-operated with the investigation, Mr Justice Mark Sanfey was also told on Monday.
But Marcus Dowling SC, for the US headquartered HR firm People Centre Inc, trading as Rippling, said Mr O’Brien does not know exactly who is behind a payment to him and as a result counsel would be seeking an order from the court this week for the financial institution involved to provide this information.
It is alleged Mr O’Brien, Ringfort Avenue, Balrothery, north county Dublin, was placed in Rippling in order to unlawfully obtain its trade secrets for rival HR firm Deel.
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Mr Dowling told the judge that Mr O’Brien has now got lawyers and has fully engaged with the investigation. As a consequence of this co-operation, further details relating to a payment made to Mr O’Brien were required, he said.
Mr O’Brien does not know exactly who made the payment or where they are domiciled but counsel said he would set out details of what is known in his application to the court later this week for an order against the financial institution. He said he did not wish to give a lot of granular detail at this stage.
Mr Dowling also said the co-operation also meant his client would not be seeking to pursue its application to have him jailed for contempt of court or to continue the injunction against him. He sought that these matters be adjourned.
Counsel said however he was seeking that the case, which also involves a claim for damages, be admitted to the fast track Commercial Court.
Matthew Jolley BL, for Mr O’Brien, said his client had been advised in no uncertain terms about the seriousness of the situation he faced but had fully co-operated. Mr Jolley said there was consent to admit the case to the commercial list.
Mr Justice Sanfey said he was glad Mr O’Brien was co-operating but he was conscious of the fact that he had destroyed one of the main devices which he had been ordered by the court to hand over.
He admitted the case to the commercial list and adjourned the contempt and injunction matters for two weeks.
