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BreakingNews.ie
11-07-2025
- Business
- BreakingNews.ie
Judge satisfied with letter from law firm explaining 'no knowledge' of surveillance
A High Court judge has said he is satisfied with a letter from a law firm which explained how it wrote a letter to lawyers for a man at the centre of the business "spy" affair, saying its client had no knowledge of two cars alleged to have been surveilling the man and his family. Mr Justice Cregan had asked that his concerns should be addressed in relation to a letter written by Hayes Solicitors LLP, on behalf of its client global HR firm Deel Inc, saying they had no knowledge of the identities behind the registrations of two cars which had allegedly been following payroll manager Keith O'Brien to and from his home in Balrothery, north Dublin. Advertisement Mr O'Brien, who was employed in Dublin by Deel rival Rippling, admitted being paid €5,500 a month by Deel in return for trade secrets of his employer. He later apologised for the espionage and began cooperating with Rippling when it sued him, Deel and others. As a result, Rippling is not seeking any reliefs against him. Mr O'Brien brought his own proceedings alleging intimidation and harassment from surveillance by what were initially only "persons unknown" who were drivers/owners of two cars seen allegedly following him. Later, private investigation firms of Mark Murran, also known as Rock Investigations and Security, and Cliona Woods, trading as Gotham Services, became the defendants. They strongly deny any overt surveillance or claims of harassment and intimidation. Advertisement The Hayes letter on behalf of Deel denying knowledge of surveillance by two particular cars was sent in reply to a pre-litigation letter sent by Mr O'Brien's solicitor seeking that the surveillance should stop. During hearings before Mr Justice Cregan, he expressed his concern at the content of the Hayes letter, at one point saying it was either "a blatant lie or misrepresentation". This was after Deel had revealed it had commissioned "discreet" surveillance, and Hayes accepted the letter was incorrect but true at the time, according to the instructions it received. On Thursday, the judge said he had been unfair to Hayes but believed the matter could be resolved by Hayes simply writing another letter correcting the record. On Friday, Michael Cush SC, for Hayes, said his side had taken up the judge's suggestion and written the letter. Mr Cush said the letter explained Hayes had no independent knowledge that Deel had ordered surveillance, but once it informed the firm it had, it was brought to the attention of the court. Advertisement Mr Cush said he hoped the letter had the effect of satisfying the court and that Hayes at all times acted with absolute professionalism and integrity. The judge thanked Mr Cush for going to that trouble to resolve his concerns. Declan McGrath SC, for Deel, said from his client's perspective, an affidavit had been sworn by Jerome Soine, CEO of a Germany-based security firm, ISN International Security Network, apologising for what happened. Mr Soine said on making enquiries, his company was not aware of the identities of the car owners/drivers or that anyone had been retained by Ms Woods. Therefore, ISN told Deel they had not engaged the people using these particular vehicles. However, it subsequently transpired, following further information from Ms Woods, that one of the vehicles - the other was completely innocent and not involved in any surveillance - was involved. Mr Soine regretted he did not tell Deel sooner and apologised on behalf of ISN. Mr Justice Cregan said he thought that now resolved the matter.
Irish Times
11-07-2025
- Business
- Irish Times
Judge satisfied with letter from law firm explaining ‘no knowledge' of surveillance
A High Court judge has said he is satisfied with a letter from a law firm which explained how it wrote a letter to lawyers for a man at the centre of the business 'spy' affair saying its client had no knowledge of two cars alleged to have been surveilling the man and his family. Mr Justice Cregan had asked that his concerns should be addressed in relation to a letter written by Hayes Solicitors LLP, on behalf of its client, global HR firm Deel Inc, saying they had no knowledge of the identities behind the registrations of two cars which had allegedly been following payroll manager Keith O'Brien to and from his home in Balrothery, north Dublin. Mr O'Brien, who was employed in Dublin by Deel rival Rippling, admitted being paid €5,500 a month by Deel in return for trade secrets of his employer. He later apologised for the espionage and began co-operating with Rippling when it sued him, Deel and others. As a result Rippling is not seeking any reliefs against him. READ MORE Mr O'Brien brought his own proceedings alleging intimidation and harassment from surveillance by what were initially only 'persons unknown' who were drivers/owners of two cars seen allegedly following him. Later, private investigation firms of Mark Murran, also known as Rock Investigations and Security, and Cliona Woods, trading as Gotham Services, became the defendants. They strongly deny any overt surveillance or claims of harassment and intimidation. The Hayes letter on behalf of Deel denying knowledge of surveillance by two particular cars was sent in reply to a pre-litigation letter sent by Mr O'Brien's solicitor seeking that the surveillance should stop. During hearings before Mr Justice Cregan, he expressed his concern at the content of the Hayes letter, at one point saying it was either 'a blatant lie or misrepresentation'. This was after Deel had revealed it had commissioned 'discreet' surveillance and Hayes accepted the letter was incorrect but true at the time according to the instructions it received. On Thursday, the judge said he had been unfair to Hayes but believed the matter could be resolved by Hayes simply writing another letter correcting the record. On Friday, Michael Cush SC, for Hayes, said his side had taken up the judge's suggestion and written the letter. Mr Cush said the letter explained Hayes had no independent knowledge that Deel had ordered surveillance but once it (Deel) informed the firm it had, it was brought to the attention of the court. Mr Cush said he hoped the letter had the effect of satisfying the court and that Hayes at all times acted with absolute professionalism and integrity. The judge thanked Mr Cush for going to that trouble to resolve his concerns. Declan McGrath SC, for Deel, said from his client's perspective an affidavit had been sworn by Jerome Soine, CEO of a Germany based security firm, ISN International Security Network, apologising for what happened. Mr Soine said on making enquiries, his company was not aware of the identities of the car owners/drivers or that anyone had been retained by Ms Woods. Therefore ISN told Deel they had not engaged the people using these particular vehicles. However, it subsequently transpired, following further information from Ms Woods that one of the vehicles – the other was completely innocent and not involved in any surveillance – was involved. Mr Soine regretted he did not tell Deel sooner and apologised on behalf of ISN. Mr Justice Cregan said he thought that now resolved the matter.
Irish Independent
11-07-2025
- Business
- Irish Independent
Security firm boss apologises after High Court was misled about surveillance of software executive
The boss of an international security firm has apologised and expressed regret to the High Court for a 'mistake' which led to the court being incorrectly told HR software giant Deel Inc had 'no knowledge' of the surveillance of an Irish man at the centre of a corporate espionage case.
Irish Times
10-07-2025
- Business
- Irish Times
Judge says he was unfair to law firm in HR companies ‘spy' case
A High Court judge has said he was unfair to a law firm over the content of a letter it wrote denying any knowledge of particular surveillance allegedly carried out on the payroll manager at the centre of the business 'spy' affair. Mr Justice Brian Cregan said he had reflected on what he had said in relation to the letter written by Hayes LLP on behalf of Deel Inc. The US-headquartered HR software firm is being sued by rival Rippling, also US headquartered, who employed global payroll manager Keith O'Brien until his espionage activities on behalf of Deel were discovered. Mr O'Brien, of Balrothery, north Dublin, admitted being paid €5,500 a month by Deel and has been co-operating with Rippling having expressed regret for his 'participation in this espionage'. He is a defendant in the Rippling case against Deel and others but no reliefs are being sought against him. Mr O'Brien brought his own case alleging intimidation and harassment from surveillance of him and his family by what were initially only 'persons unknown' but later private investigation firms of Mark Murran, also known as Rock Investigations, and Cliona Woods of Gotham Services became the defendants. READ MORE They strongly deny any overt surveillance or claims of harassment and intimidation. During the hearing of applications related to Mr O'Brien's case, the court heard that before he brought legal proceedings his lawyers wrote to Hayes solicitors requesting the surveillance stop. Hayes responded with a letter saying its client (Deel) had 'no knowledge' of surveillance being carried out by two cars alleged to have followed and surveilled Mr O'Brien. One of the cars later turned out to be completely innocent while the other was driven by Mark Murran, the court heard. Mr Justice Cregan expressed concern that officers of the court (Hayes) had written a letter which was either a 'blatant lie or a misrepresentation'. It had also made him briefly question whether he could rely on another Hayes letter in another case he was dealing with but he did accept that letter. Paul Gardiner SC, instructed by Hayes for Deel, objected to the judge's description in a case in which fair procedures had yet to be gone through. He said it was unfair to Hayes. Mr Gardiner also said the letter was true at the time and while it turned out to be incorrect because discreet surveillance was commissioned by Deel, when written it was believed to be correct. The judge said he wanted an explanation from Hayes via an affidavit. On Thursday, Michael Cush SC said he was representing Hayes in relation to the judge's request and he was looking for the matter to be dealt with as soon as possible. Mr Justice Cregan said Mr Cush's application was very timely because he had been reflecting on this matter and Mr Gardiner's comments about him being unfair. He said he was concerned about the Hayes letter but it was written on instructions from the client and it was an issue for Deel rather than Hayes. 'So I had in fact been unfair,' he said. He had been mulling over the matter and was considering asking the court registrar to write to Hayes as to whether the firm could write another letter 'and that would be a solution'. Mr Cush said that was very gracious of the judge but he would first have to take instructions. Hayes was concerned at the publicity the judge's comment attracted and they were hopeful that showing the letter was written on instructions would also attract some publicity. The judge said he would be prepared to deal with the matter on Friday. He was concerned about the administration of justice aspect of the matter (as Mr O'Brien will be a witness in the Rippling case). He felt the matter might be dealt with by a letter from Hayes correcting the record but he would leave that to be dealt with on Friday.
BreakingNews.ie
04-07-2025
- Business
- BreakingNews.ie
Judge wants explanation from solicitors over 'no knowledge' letter in spy case
A High Court judge has said he wants an explanation over a letter from the solicitors for HR firm Deel Inc, saying their client had "no knowledge" of the following by private investigators of a payroll manager at the centre of a rival business's "spy" affair. Mr Justice Brian Cregan said he was not going to join Deel as either a defendant or notice party in proceedings being brought by Keith O'Brien, the man who was allegedly paid €5,500 a month to pass on trade secrets of his former employer, HR software firm Rippling, to rival Deel. Rippling is now suing Deel and others, including Mr O'Brien, over the matter. Advertisement The judge said he would not join Deel in Mr O'Brien's separate case alleging harassment and surveillance because doing so, of the court's own motion, was an exceptional jurisdiction. It was also unfair to the O'Brien side, who did not want Deel added anyway, and because of the separate Rippling case against Deel. Mr O'Brien's case is against two private investigators which he claims have been involved in harassment of him and his family, including one who allegedly followed him by car to various locations and photographed his children playing in their garden. The investigators, Mark Murran, also known as Rock Investigations, and Cliona Woods of Gotham Services, strongly deny any overt surveillance or claims of harassment and intimidation. Advertisement That case was back before Mr Justice Cregan on Friday, when the judge ruled out joining Deel but said his main outstanding concern was a pre-litigation letter written by Deel's solicitors, Hayes LLP, in reply to a call from Mr O'Brien's solicitor to desist from the alleged surveillance/harassment. In that letter, Hayes stated their client had no knowledge of the cars allegedly following Mr O'Brien. On Tuesday, the judge described the Hayes letter as either a "blatant lie or a misrepresentation" because it was later admitted as being incorrect, because Deel said it had organised "discreet" but not overt surveillance on Mr O'Brien. On Friday, he said: "The question from my point of view is that this is a letter from reputable solicitors who are officers of the court and it is blatantly wrong". Advertisement He said Deel's barrister, Paul Gardiner SC, instructed by Hayes, indicated he (the judge) should not have said it was a lie or misrepresentation, but it seemed to the judge that it is still an issue for the court and should be properly addressed. He said because of that letter, earlier this week in another case in which Hayes were representatives, he had a question as to whether he could rely on it, although he did do so in that case. He believed the next step was for Hayes to swear an affidavit as to how that replying letter to the O'Brien side was written. Mr Gardiner said the letter was true at the time, and while it turned out to be incorrect because discreet surveillance was commissioned by Deel, when written, it was believed to be correct. He felt that what the court might be doing is "putting a wedge" between Deel and its representation. Mr Gardiner also believed the judge was being unfair to both Hayes and Deel in circumstances where fair procedures and due process have yet to take place and where the judge's words were being widely reported. Advertisement If the court is to have a separate inquiry into this letter, it should at least not take place until the O'Brien harassment proceedings have concluded which may well find there was no harassment, he said. Mr Justice Cregan said he would give two weeks for Mr Gardiner to take instructions and consider the matter more fully, and he said his concerns may be assuaged if it is explained in an affidavit. The judge also granted consent orders, sought by Mr Murran and Ms Woods, that Mr O'Brien preserve any information, including on CCTV, dashcam and phone, relating to the allegations against them. He also continued the injunctions restraining further surveillance.
