Like Tree12Likes

Cease and Desist

Closed Thread
Page 1 of 2 1 2 LastLast
  1. #1

    Join Date
    Dec 2015
    Location
    Mid Levels
    Posts
    71

    Exclamation Cease and Desist

    Need some legal advise.

    I recently received a C&D notice from my ex-employer for some documents I downloaded. I didn't download it with the intent to share with others but to review the things I worked on and how I could have done better as I got fire ... in hindsight, it was a bad idea.

    They requested evidence of deleting the document but I panicked and deleted everything without taking any evidence. I am not sure what evidence is even in this regard - Would a statement saying I comply be sufficient? I know it's best to ask the ex-employer but it is already weekend and I was to respond to them immediately.


  2. #2

    Join Date
    Dec 2015
    Location
    Mid Levels
    Posts
    71

    Can they bring any legal action against me if I have nothing to show for it? It was error in my judgement which I admit but it was for learning/reflection purposes


  3. #3

    Join Date
    Sep 2018
    Location
    香港特别行政区
    Posts
    3,378

    I've received C&D letters related to my employment in the past, it's seems quite common when shit goes down in Senior Management and there's a potential to take clients / contacts.

    Not legal advice but the next step I would take depends on the nature of the files. In almost all cases I would probably ignore the letter unless there's any intent to act on the information on the "exfiltrated" files. It's pretty much impossible to prove damages and is likely a waste of everyone's money pursuing it.

    The other option is to reply that I don't have the files. I would not say the files had been deleted because that would be admitting that I had them in the first place. I would give just the information to convey the current situation and never volunteer information that's not required.

    Your choice of response or lack thereof is up to your personal risk management. You can hire a lawyer but they would likely say something similar to what I've said unless there's some special circumstances you haven't stated. The C&D has already likely had its intended effect to put you in a state of unease.

    This is not legal advice, I am not a lawyer.

    Last edited by aw451; 18-06-2022 at 12:16 AM. Reason: Ianal
    shri and hike like this.

  4. #4

    Saying you don't have the files when they know you downloaded them seems like a twisting of the truth likely to antagonise, even if you've subsequently deleted them.

    Sounds very likely they just want you to know they are serious about you no sharing. Just apologise, say you have deleted, show them screenshot to demonstrate that and then ask if they need anything further.


  5. #5

    Join Date
    Sep 2018
    Location
    香港特别行政区
    Posts
    3,378
    Quote Originally Posted by Gollygordon:
    Saying you don't have the files when they know you downloaded them seems like a twisting of the truth likely to antagonise, even if you've subsequently deleted them.

    Sounds very likely they just want you to know they are serious about you no sharing. Just apologise, say you have deleted, show them screenshot to demonstrate that and then ask if they need anything further.
    When you reply to a C+D (if you choose to) you reply to the law firm who served it to you, not the former employer so the emotional factor is likely not there. Admitting guilt and apologising to a law firm is not a sensible thing to do.
    shri, hike and SirNotAppearing like this.

  6. #6

    The C+D is a formal request regarding something that both parties know has occurred and the OP is contrite about.

    Apologising and deleting the files is exactly what they want him to do. Or don't apologise if you're paranoid about that. But if you delete and are helpful there is no reason why either the employer or law firm would want to take any further action. My my point is to be helpful, show you aren't trying to screw them around.


  7. #7

    Join Date
    Dec 2002
    Location
    位置位置位置
    Posts
    50,015

    Would never apologize if it is a legal issue. NEVER..

    Randomly... HK just in the last 2 or 3 years made it OK to apologize at an accident if I recall and made it inadmissible as a proof of guilt or something.

    All that matters is the absolute truth - you do not have the files at the moment in time the reply was written.

    hike likes this.

  8. #8

    Join Date
    Dec 2002
    Location
    位置位置位置
    Posts
    50,015

    Just checked.. Should have done that before posting. The apology law was passed in 2017 and applies to more than accidents.

    I would still not apologize unless it was a settlement issue.

    https://www.herbertsmithfreehills.co...t-mean-for-you

    hike likes this.

  9. #9

    Join Date
    Apr 2012
    Location
    Hong Kong
    Posts
    2,258

    it reminds me when HK post asked me to prove I did not receive a parcel... I was like, how do you prove that you have not receive something? She got so offended I questioned her pen pusher intelligence that she accused of being rude.

    Anyway, just tell them you already sold the information. If you pay 10x you will give it back and send a drawn spider as a proof of deleting.

    Sage likes this.

  10. #10

    Join Date
    Dec 2015
    Location
    Mid Levels
    Posts
    71

    Thanks everyone - I responded to the letter saying I'll comply with all my confidentiality obligations and that it was a misunderstanding.

    TheBrit, hike and Gollygordon like this.

Closed Thread
Page 1 of 2 1 2 LastLast