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Problem with Malaysian employee and NDA

Discussion in 'Employment, Labor, Work Issues' started by JY Sireau, Nov 12, 2019.

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  1. JY Sireau

    JY Sireau Law Topic Starter New Member

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    Hi,

    I am the chief executive officer of a financial software provider based in Malaysia with operations around the world. We have both financial and gambling licenses to provide us with the necessary regulatory buffers in the regions we operate. We do not provide our services locally to Malaysians as financial trading is generally frowned upon in the region owing to its incompatibility with Islamic law (somewhat cheeky, dare I say, since our biggest trading cohort are people of Muslim faith in Indonesia!).

    In 2007 I hired a junior marketing person, KY, who blossomed into a formidable asset for my company and grew our traded volumes from just a few thousand daily to a substantial eight digit figure before she left early this year. Our company (name withheld) has been operating under various brands since the late 90s and it wasn't until the turn of the last decade that we had all new employees sign NDAs. Owing to this, this particular marketing person did not have any real NDA in place and I, along with my team, are highly concerned that she will be accessing and exploiting our list of thousands of affiliates that drive trader traffic to our business. As a result I am suing her in advance of what we feel may cause damages to our business in the future. This is proving somewhat difficult and so I come here for some counsel (my current legal counsel is execution only).

    My strategy in the past has been to use our resources to litigate. Even if there is no substantial or direct evidential proof, the mere onset of litigation is enough in my experience, to scare off the subject in question. This strategy has worked rather well in the United States where we have software patents for me but is more difficult to execute in less technically literate regions such as Malaysia. Rather fortuitously, at the time of writing, the judge presiding over the local litigation for KY happens to be of a non-financial nor technical background. She is of muslim faith which most likely means she lacks the knowledge to truly make sense of the battery of technical information we, as the plaintiff, have presented in the pre-trial as this information is trading related and trading is generally against their faith. We hope that this information overload strategy should help prolonging the trial and force her to arrange the necessary technical resources before coming up with a final verdict hopefully in 2020 or even later! I appreciate this is a stall tactic, all in all, however it is our business and livelihood at stake here and so any advice on this matter would be appreciated.

    I have her employment contract, all communications between myself and her and my legal counsel if you require any further documents. As this is not an Asian legal forum, I have been advised it is alright to discuss this matter openly.

    Thank you in advance,
    JYS
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    If you are suing in Kentucky then of course you are finding it difficult. In the U.S. you cannot sue someone for something they have not yet done, and cannot get a judgment for damages you have not yet suffered.

    That's an improper use of litigation and had I been representing the opposing party I would have filed a motion to hit you with sanctions for doing it. Filing a frivolous claim or a claim whose only purpose is to harass the defendant or run up legal bills is prohibited under the rules of civil procedure in pretty much every state and the federal rules of civil procedure, too.

    I'm not sure what you are looking for here, because if you are already in litigation your company should have a lawyer representing it. If you don't have one then this is not the place to search for one.
     
    Zigner likes this.

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