One method used by business competitors to steal trade secrets is by digging through your trash or rubbish bin.
Is this allowed under the law? What can you do about such dirty tricks?
One possible response is to report to the police and claim that it is theft under the Penal Code. However, since a dishonest intention is required, it is unlikely that the police will take action. Of course, if you wish, your lawyer can help you start a private prosecution for theft.
A civil lawsuit agaisnt the rubbish takes is also possible in order to recover damages and perhaps obtain an injunction against the use of any information obtained.
An interesting case which did not come to a firm conclusion about the legal effect of what is sometimes called dumpster diving is
Obegi Melissa and Others v Vestwin Trading Pte Ltd and Another
[2008] SGCA 4.
Tuesday, June 9, 2009
Questioning employees suspected of fraud
What is the legal position in the following situation - when you question your subordinate employee suspected of fraud and he refuses to answer. Later, when he is sued in court, he gives an answer which you feel he should have mentioned to you earlier.
Under section 116 of the Evidence Act, the court is allowed to draw adverse inferences. The court will have to take into account all facts including any excuses and explanations from the employee about his earlier failure to answer. If it thinks fit, the court can presume that the employee is lying in court and his answer is something concocted by him recently. If on the other hand, the employee gives a good explanation which the court believes, then his failure to answer will not be held against him.
There are no hard and fast rules as to the court's response in such situations but the court is expected to take into account normal human responses in such situations.
Under section 116 of the Evidence Act, the court is allowed to draw adverse inferences. The court will have to take into account all facts including any excuses and explanations from the employee about his earlier failure to answer. If it thinks fit, the court can presume that the employee is lying in court and his answer is something concocted by him recently. If on the other hand, the employee gives a good explanation which the court believes, then his failure to answer will not be held against him.
There are no hard and fast rules as to the court's response in such situations but the court is expected to take into account normal human responses in such situations.
Monday, June 1, 2009
Lawyers and clients monies
Lawyers are often entrusted with large sums of their clients' monies which may be held by the lawyers for later use, eg, pending completion of a major business deal or a payment deadline under a property transaction.
The law has strict rules on dealing with these sums held by the lawyers. They are required to bank the monies into a special account called the Client Account. This is a separate account from the law firm's own bank account which is called the Office Account. The Office Account is used to pay for expenses of the firm such as salaries, rent, etc. Since it is the lawyers' own monies, they are free to agree on how to use it.
On the other hand, the Client Account is a trust account. Monies there are only to be used according to the client's instructions. Monies of one client also cannot be used for another client's purposes. If the money is misused by the lawyers, the criminal offence of criminal breach of trust will be committed with jail sentences being almost always being the punishment. If the lawyer is honest, then even if he becomes bankrupt, the monies will be safe in the Client Account, and cannot be taken by the lawyer's personal creditors.
The law has strict rules on dealing with these sums held by the lawyers. They are required to bank the monies into a special account called the Client Account. This is a separate account from the law firm's own bank account which is called the Office Account. The Office Account is used to pay for expenses of the firm such as salaries, rent, etc. Since it is the lawyers' own monies, they are free to agree on how to use it.
On the other hand, the Client Account is a trust account. Monies there are only to be used according to the client's instructions. Monies of one client also cannot be used for another client's purposes. If the money is misused by the lawyers, the criminal offence of criminal breach of trust will be committed with jail sentences being almost always being the punishment. If the lawyer is honest, then even if he becomes bankrupt, the monies will be safe in the Client Account, and cannot be taken by the lawyer's personal creditors.
Subscribe to:
Posts (Atom)