A board of directors should exercise reasonable prudence in carrying out their duties to achieve the best interests of the corporation. An officer or director may be held personally liable for failing to exercise reasonable or ordinary care under the circumstances, e.g., invoking contractual confidentiality clauses in place to protect company reputation and value.
PGS ASA Customers and Investors are Idiots that allow the Corrupt and Incompetent Board of Directors and Executive Management to Ignore their Responsibility of Protecting Company Reputation and Value.
Commentary and Analysis
Why do PGS ASA, Watson Farley & Williams, and Landau Law agents allow themselves to be called Criminal Pieces of Shit if they are not Criminal Pieces of Shit? Silence is consent ActionFraud (and ICO)!
Criminal Pieces of Shit:
PGS ASA named Accused Criminal Conspirators
(Waiting for the police to investigate and confirm)
On or before 4 February 2021, PGS ASA will need to respond to the UK Information Commissioner’s Office (ICO) regarding the transfer of USA citizen and PGS ASA whistleblower, SDK, personal data to THAILAND and USA.
Such transfers can only take place if conditions are met under Chapter 5 of the General data Protection Regulations (GDPR) . ICO has requested that PGS ASA UK subsidiary provide information to demonstrate how PGS ASA have met the conditions of Chapter 5 of the GDPR with regard to the criminal and civil litigation carried out by Thailand law firm Duensing – Kippen on behalf of PGS Exploration (UK) Limited directors Rune Olav Pedersen, Gottfred Langseth, and Christin Steen-Nilsen, as well as (former) secretary Carl Richards (two claims).
More Legally Protected Public Disclosure Content Exposing PGS ASA Corruption and Deception will be added through Thursday, February 4, 2021.
A replay of the webcast will be made available on www.pgs.com shortly after.
FOR DETAILS, CONTACT: Bård Stenberg, VP IR & Corporate Communication Mobile: +47 99 24 52 35
The UK Information Commissioner’s Office (ICO) is a Worthless Organization
ICO Fails to Protect the Human Rights of Data Subjects. ICO Dysfunction Facilitates Data Controller Corruption and Abuse
SDK hired Legal Counsel Philip Landau and Holly Hobson have never represented nor defended client SDK. Philip Landau and Holly Hobson accepted bribes to participate in a confidence fraud. Philip Landau and Holly Hobson are criminal pieces of shit who should be in prison. Their silence is fraudulent and perverts the course of justice. Those who employ these bottom-feeding scum are negligent through poor due diligence and need to be held accountable.
An Open Post to Former Agents of Landau Zeffertt Weir Solicitors LLP
On 22 October 2013, US citizen and sponsored Tier 2 visa worker Steven D. Kalavity (SDK) formally engaged Philip Landau, then with Landau Zeffertt Weir Solicitors (LZW), a London, England employment law firm. LZW was contacted to advise on a settlement agreement that had been proffered by SDKs employer, PGS Exploration (UK) Limited, 4 The Heights, Weybridge, Surrey, KT13 0NY, England, on 10 October 2013. Since this date, SDK has felt like a man convicted for a crime that he never committed. It has been hell! After months of terrible workplace mobbing abuse by his employer, SDK sought redress through his proceeding through the legally and contractually guaranteed grievance process. However, LZW decided not represent the interests of client SDK, but instead aid the abusers. (SDK could have never even imagined such evil back then.) The LZW agents who SDK communicated with directly and principally facilitated the confidence fraud were Philip Landau and Holly Rushton (now Holly Hobson) who were professionally engaged as SDKs counsel through the eventual signing of a termination settlement contract agreement 5 December 2013 (10 October – 5 December 2013) [SCA]. The reason that SDK is able to publish articles disparaging his former counsel and employer is because the rendered SCA advised on by LZWs Landau – Hobson (Rushton) is an illegal contract supported by defamatory forged instruments. The conspirators were publicly exposed years ago (3 July 2015). Landau and Hobson have never advised that the online publications cease or denied accusations that they participated in a criminal conspiracy to defame and defraud their client. Landau and Hobson have remained silent. This is the main reason that justice has alluded SDK is because he never really ever had legal counsel representing his interests.
The voice of the lawyers involved with negotiating the actual terms and conditions of my termination were Philip Landau, from Landau Zeffertt Weir Solicitors LLP, representing me and Watson, Farley & Williams (WFW) which was enlisted by PGSUK. Every single one of these named individuals has a voice, access to legal counsel, and the capacity to respond and to clarify any of the issues brought-up in my posts. The base argument is that no settlement agreement contract can be applied to supersede the legal provisions afforded to each data subject through the UK Data Protection Act 1998 (DPA). The DPA does not allow inaccurate subject data to be fraudulently processed by a data controller, e.g., PGS. My contention, however, is that the aforementioned actors – and likely several others – have indeed conspired to accomplish just that.
Communications between SDK and Landau began on 10 October 2013. SDK had delivered a formal grievance to parent company, Petroleum Geo-Services (PGS) management on 20 September 2013 to initiate the formal grievance process. The grievance was prompted by an ambush meeting that occurred on 13 June 2013. SDK had wanted to submit a grievance directly following that ambush meeting, but was obstructed from doing so. PGS refused to provide minutes, or any firm record, of that meeting to SDK as a basis for the grievance. Eventually, on 24 July 2013, PGS delivered, through PGS UK HR Manager, David Nicholson, a letter, Investigation for possible implementation of a Performance Improvement Plan. This ambush letter instead became the referenced basis for the grievance submitted 20 September 2020. The grievance had alleged the abuse of position, bullying / harassment, discrimination, and defamation of SDK mostly by three principals: David Nicholson, PGS UK HR Manager, Edward von Abendorff, SDKs supervisor and Simon Cather, von Abendorff’s boss. A grievance hearing had been scheduled for 14 October 2013. On 10 October 2013 a termination settlement was proffered by the accused PGS perpetrator, Nicholson, to stop the grievance process, which SDK rejected. Following this, SDK did some online research, discovered and then contacted Landau / LZW.
In October 2014, I contacted Nicholson and Haswell to submit my SAR to PGS Exploration UK Limited. I contacted Landau, just so he would be aware. I also contacted Bjølseth. There was a brief acknowledgement from Landau. Bjølseth basically confirmed and approved that Nicholson et. al would address my SAR. I made it clear that I had many disagreements about my held subject data with the ICO caseworker, as well as with Nicholson and Haswell. The communications with PGS ended in late December 2014. Readers must understand that I knew immediately upon receiving my SAR data that something was awry.
Landau immediately recommended that an “enhanced” settlement agreement be sought, rather than continuing to proceed through the Company grievance procedures through conclusion and then possible appeal. SDK was motivated to extricate himself and his family from the health-harming work environment. However, SDK obviously wanted to do so with the most favorable financial and professional terms possible with his reputation and dignity intact. As a US citizen foreign worker, SDK had no ties nor interest in any prolonged battle or remaining in England. Reluctant to abandon the grievance procedures process, SDK paid Landau to negotiate the most favorable exit that he could, based on his experience and knowledge of UK employment law. SDK finally did act and place his confidence in Landau’s advice to negotiate the “enhanced” termination settlement agreement. Landau was assisted by lawyer Holly Rushton (now Holly Hobson). PGS enlisted the services of law firm Watson Farley & Williams lawyer Rhodri Thomas. On 1 November 2013 settlement discussion began. An agreement was signed 5 December 2013. SDK was placed on garden leave from 5 – 31 December 2013 and did not return to PGS offices. SDK felt that the garden leave and isolation from office acquaintances was disparaging, especially around the holiday season, but PGS offered to pay an additional month salary if SDK agreed. SDK would have never agreed to such terms and conditions if he lived in England and not been a sponsored foreign worker. SDK and family departed England to the USA on 24 December 2013 never completely satisfied with the outcome, but out of harms way. Or so SDK hoped and believed at the time.
following the initial settlement proffered by one of the perpetrators which SDK rejected.
Through a network of bribed and corrupt lawyers / solicitors and human resources personnel justice have perverted the course of justice and denied their victim of violent crimes an opportunity to fight back. PGS, along with their contracted counsel WFW plus LZWs crucial assistance formed an illegal termination settlement contract through gaslighting lies and manipulation. The abuse of SDK and his family has continued through their illegal silence. PGS, LZW and WFW fraud, defamation (blacklisting), harassment and abuse has never ceased. Once in the USA, in October 2014, SDK submitted a subject access request (SAR) citing the UK Data Protection Act 1998 (DPA) to receive copies of SDK personal data that PGS was processing. This included SDKs PGS professional personnel file and several other e-mails. (Landau was made aware that an SAR was submitted. ) The documents processed within SDKs PGS personnel file bore no subject SDK signature and were inaccurate and defamatory. SDK sent several complaints to both PGS as well as the Information Commissioner’s Office (ICO) in charge of DPA compliance. On 22 December 2014, PGS sent by e-mail and post mail a letter signed/endorsed by Nicholson “clarifying” issues that SDK had discovered following the receipt of data that PGS was processing as SDKs personal data (extortion letter).
PGS did concede to amend SDKs personnel file documents by including one 5 December 2014 complaint e-mail into SDKs PGS personnel file, but threatened legal action if SDK continued his questioning of the false instruments PGS had already illegally processed. In spite of the double-speak within the extortion letter, placing the 5 December 2014 e-mail highlighting issues with the contents of SDKs personnel file was an amendment/change of SDKs personal data after the fact. PGS essentially acknowledged that PGS, WFW and LZW had processed inaccurate personal data and their solution was to correct it. This was also an acknowledgement that PGS, WFW and LZW has all conspired to defraud SDK. As a condition of signing the termination settlement agreement, PGS, WFW and LZW promised that the contents would be true and accurate. PGS, WFW and LZW all gaslighted to induce SDK to sign the phony contract. Obviously, LZW participation in the fraud was pivotal to its “success.” Records with no subject counter-signature cannot be verified for accuracy and would not be considered legal documents, except within this criminal conspiracy including corrupt lawyers and human resources employee’s. Most documents are signed solely by accused harasser and defamer Nicholson!
PGS did not address that their concession to amend SDKs personal data meant that inaccurate/false personal data had been used to process the termination settlement agreement (fraud). Nevertheless, ICO was and has remained satisfied with this “solution.”
A formal grievance had been delivered to parent company, Petroleum Geo-Services (PGS) management on 20 September 2013 and a hearing had been scheduled for 14 October 2013. Landau recommended immediately recommended that he advise on negotiating an “enhanced” settlement agreement (payment) and discontinue the grievance process. Landau was assisted by lawyer Holly Rushton (now Hobson). PGS enlisted the services of law firm Watson Farley & Williams lawyer Rhodri Thomas. On 1 November 2013 settlement discussion began. An agreement was signed 5 December 2013. SDK was placed on garden leave from 5 – 31 December 2013 and did not return to PGS offices. SDK and family departed England 24 December 2013.
Because of the binding nature of settlement contracts, there was little more that SDK could do, even though the entire purpose of DPA is to ensure correct data is processed for data subjects. In July 2015, SDK published some of these issues online the LinkedIN™ Pulse platform expecting that the Confidentiality clauses would invoke some response (legal action) from PGS. Nothing happened. In August 2015, SDK submitted a report to UK ActionFraud (police). Neither ICO nor the police, to date, have ever thoroughly investigated SDK, claims. From September 2015 through August 2016, SDK published several more articles on LinkedIN™. SDK sent several complaints to PGS Compliance Hotline which were never answered. SDK also submitted several comments on the PGS LinkedIN™ space . These complaints were deleted. SDK even contacted Landau. Landau and Hobson (Rushton) were now with Landau Law. Landau and Hobson have never commented, but have essentially aided PGS in maintaining the false narrative. SDK believes that this silence and failure to clarify SDKs position is itself fraudulent and perverts the course of justice. It also confirms that Landau -Hobson were principle actors in the execution of a confidence fraud against their client. SDK, a USA citizen. SDK was denied due process under English law and contract. SDK was then sent back to the USA out of reach of English justice. This punctuates the claim of discrimination made against PGS. SDKs US citizenship made him vulnerable to such a confidence fraud.
Several e-mails between SDK and Landau-Hobson from 10 October 2013 – 5 December 2013 confirm that PGS is processing inaccurate defamatory data as SDKs personal data.orwegian company Petroleum Geo-Services (PGS) illegally harassed and discriminated against a US citizen foreign worker whistleblower. To avoid accountability for their violent crimes against US-Thai citizens under their contractual Duty of Care, they bribed lawyers, Philip Landau and Holly Hobson (Rushton) to defraud and professionally blacklist their client, Steven Kalavity (SDK). On 22 October 2013, Philip Landua, then with Landau Zeffert and Wier Solicitors (LZW) was paid money and formally engaged to represent SDK. (LZW later became Landau Law to scrub evidence and launder the bribe money.) SDK was sponsored to work in England by PGS’ subsidiary in England, PGS Exploration (UK) Limited, 4 The Heights, Brooklands, Weybridge, Surrey, KT13 0NY. The criminal conspiracy to defraud foreign worker whistleblower, SDK, was only successful because SDK was a foreigner. Through bribing SDKs counsel, SDK was effectively denied his legal due process. Everything that I am writing can be confirmed or denied by Landau and Hobson. Landau and Hobson silence is fraud. Every question asked of PGS through the subject access request (SAR) sent to PGS October 2014 should have been confirmed by Landau and Hobson. However, since Landau and Hobson were indispensable actors in the criminal conspiracy confidence fraud, they have never come to the aid of their former client. They have allowed SDK to be defamed and defrauded. Landau and Hobson have been accused of criminal acts formally since 2016. Neither has ever protested their innocence. So, why doesn’t UK ActionFraud (police) arrest them when they have never denied that they are criminals. The evidence that SDK has posted online since 3 July 2015 is irrefutable. But, it seems Sherlock Holmes inquisitiveness is only the thing of fiction in the UK.
SDK was a foreign worker in a foreign land under significant stress from the hostile work environment. The health and well-being of SDK and his family were continually jeopardized by the illegal workplace behaviors, continual lies and gaslighting. Things came to a head 13 June 2013 when SDK entered into an ambush meeting hosted by HR Manager, David Nicholson and attended by SDKs supervisor, Edward von Abendorff and his supervisor, Simon Cather. An ambush meeting is essentially when corrupt managers abuse their power and without legal license nor evidence threaten a hapless target of illegal harassment and discrimination livelihood and defame them. Following this meeting, SDK requested minutes of the meeting so that he could invoke his legal right under law and contract to submit a grievance. The trio of criminals, Nicholson, Cather, and von Abendorff breached SDKs contract and perverted the course of justice by obstructing this legal right under law and contract. SDK needed something in writing since minutes of the illegal ambush meeting were withheld. Eventually, Nicholson signed and delivered an illegal letter on behalf of the Company on 24 July 2013 that similarly threatened and defamed SDK. The trio of criminal cowards wanted to escape all responsibility for their illegal behavior and PGS upper management aided and abetted in the fraud and defamation of a foreign worker whistleblower.
SDK did not work directly for Nicholson. Further, since the requested grievance regarded the meeting that Nicholson hosted and participated in, he would not have any qualified privilege. Similarly, the directors and secretary of PGSUK, Jon Erik Reinhardsen, Gottfred Langseth, Christin Steen-Nilsen and Candida Pinto also held no direct knowledge of my work and also held no qualified privilege. They abused their power to intimidate their target of violent health harming harassment through endorsing an illegal and defamatory letter that they ultimately would be accountable. The letters subject line, Investigation for Possible Implementation of a Performance Improvement Plan was strategically named to obstruct SDKs legal and contractual right to submit a grievance which would have obviously revealed PGS breach of contract and defamation. The ambush letter scheduled a meeting for 11 September 2013. SDK had made his intentions clear that he intended to respond to the ambush letter with a grievance. PGS continued to illegally obstruct SDKs legal and contractual right under law and contract to submit a grievance. PGS never aided in the submission process as they are supposed to do. The 11 September 2013 meeting was rescheduled for 20 September 2013. On 13 September 2013, Pinto resigned as PGSUK secretary and Carl Richards assumed the role. From 24 July 2013 SDK had requested co-worker John Barnard to be his witness through the grievance process. Again, Nicholson made several attempts to obstruct the grievance process. However, on 20 September 2013 there was a meeting. PGS never provided any investigation report at the meeting. SDK delivered the grievance during the short meeting.
Again, PGS delayed. Nicholson was a named subject of the grievance citing bullying, harassment, and other contractual duty of care breaches (Health and Safety Act 1974), discrimination (Equality Act 2010), based on SDKs nationality protected class. Nicholson continued to be allowed to direct – or obstruct – SDKs legal grievance process. A meeting / hearing was scheduled for 14 October 2013. However, Nicholson – a named perpetrator within the grievance – proffered a settlement agreement 10 October 2013 stop SDKs legally guaranteed grievance process. SDK did not accept the settlement offer, but did decide to seek legal advice and came across Philip Landau. Landau immediately recommended seeking an “enhanced settlement.” Email records show that Landau (and Hobson) were provided with both a summary of the grievance as well as the grievance document with names redacted. Landau never requested a copy of the employment contract, which was predicated on my Tier 2 visa sponsorship and also included reference to the disciplinary and grievance processes contained within the employee Handbook. (This would mean not following the grievance procedures would be a breach of contract.) The grievance hearing occurred on 14 October 2013 by video conference with myself and Barnard in England and Cather’s superior, Per Arild Reksnes, and Nicholson’s superior, Terje Bjolseth both in Norway. No minutes or decision from that meeting was ever provided to SDK. Impatient, on 22 October 2013, SDK officially engaged Landau to represent and advise in the grievance – settlement process. PGS had never provided any Performance Improvement Plan, only the grievance process was officially initiated.
I have signed a settlement agreement, or “NDA”. Can I take my story to the media?
In most cases, no. If you have signed a valid settlement agreement containing a confidentiality clause this would usually be sufficient to stop you from taking a story to the media. It is possible (and likely) that your ex-employer could sue you for breach of contract and significant damages if you did so.
However, as mentioned above, a settlement agreement cannot prevent you from reporting crime to the police, whistleblowing to an appropriate authority (for example a regulator), or reporting anything that had not yet happened at the time you signed the settlement agreement, for example if you have stayed with your employer and the harassment has continued.
If you are concerned about the validity or enforceability of a settlement agreement you have signed, you should seek legal advice before taking any further steps.
Settlement agreement discussions and section 111A of the ERA 1996
Section 111A of the ERA 1996 provides that offers to end the employment relationship on agreed terms (i.e. under a settlement agreement) can be made on a confidential basis which means that they cannot be used as evidence in an unfair dismissal claim to an employment tribunal.
Claims that relate to an automatically unfair reason for dismissal such as whistleblowing, union membership or asserting a statutory right are not covered by the confidentiality provisions set out in section 111A.
Neither are claims made on grounds other than unfair dismissal, such as claims of discrimination, harassment, victimisation or other behaviour prohibited by the Equality Act 2010, or claims relating to breach of contract or wrongful dismissal.
Walter Qvam, Chairman of the Board; Anne Grethe Dalane; Trond Brandsrud; Richard Herbert; Marianne Kah; Anette Valbø; Grunde Rønholt; Hege Renshus
CGG and TGS Directors:
My name is Steven Kalavity (SDK). I am a USA citizen who worked with Petroleum Geo-Services (PGS) for several years globally. SDK has ascertained that his employment with PGS ended illegally 31 December 2013 for blowing the whistle. The fact that SDK remains able to publish content online that disparages PGS reveals how woefully corrupt and inept the PGS corporate governance system is. PGS is processing defamatory forged documents that support an illegal termination settlement contract intended to defame and blacklist SDK from employment. SDK is the one who has abided by the Society of Exploration Geophysicists (SEG) Code of Ethics, PGS Core Values, and PGS Code of Conduct. SDKs original contract of employment contained Confidentiality terms and conditions that prohibit publishing content that disparages PGS. The exception to this is the publishing of legally protected public disclosure, or whistleblowing. SDK has been publishing such legally protected content online since July 2015. However, PGS has never honored contractual terms and conditions in place to protect company reputation and value. PGS’ fiduciary duty is to either cite a breach in the contract to stop future publications and protect company reputation and value (if the publications are not legally protected) or thoroughly investigate valid whistleblowing claims. PGS has taken neither of these steps. Instead, PGS has relied on social media manipulation and deletion of legally protected content without consideration. In other words, PGS is intentionally deceiving stakeholders and investors through their maintaining a false narrative and refusing to perform their fiduciary duty and investigate whistleblowing claims which expose PGS director and executive corruption. In the process, PGS also intentionally defames and defrauds SDK. The PGS board of directors and several key executives are a disgrace and should be replaced and investigated. At the same time, an industry and PGS principal shareholders who accept such publications not being fully investigated are also similarly abrogating their duties.
Because of PGS’ irresponsible contractual breaches and poor fiduciary oversite, SDK continues to publish content in his quest for truth and justice and bringing honor and dignity back to himself, the industry and profession. (The truth should be non-negotiable, yet PGS’ “quest” is obstructing justice and escaping accountability through the support of a false narrative presented through forged defamatory documents.) PGS is a corrupt organization that defiles both the industry and geoscience professional ethics. While PGS’ illegal and unethical retaliation of a whistleblower is especially damaging to the whistleblower and his family, PGS’ main objective in silencing legal protected disclosure is to allow PGS to continue their deceit of customers and shareholders. PGS is a cowardly and dysfunctional organization that hides behind lies and embezzled resources. PGS agents accept their own and PGS’ disparagement as a condition of employment by a criminal syndicate masquerading as a technologically focused marine geophysical company. PGS agents are rewarded for breaching their own employment contracts, including PGS policy, PGS Code of Conduct and PGS Core Values. PGS agents have never even attempted to confront published allegations disparaging their own and PGS character even though Confidentiality terms and conditions embody their employment contracts. Ignoring such accusations should not be tolerated by business partners nor shareholders. The entire purpose of including Confidentiality terms and conditions is to ensure stakeholders that company value will be protected from the disparagement of a whistleblower, but also from the damage of corruption which the whistleblower reveals. This is why Confidentiality clauses cannot be used solely to silence whistleblowing. PGS is in breach of their commitments to all stakeholders, but especially to investors and business partners, through taking no affirmative action on published content which disparages the company.
The current PGS Chairman of the Board, Walter Qvam, has been referred to as a criminal moron within online publications. PGS CEO and President, Rune Olav Pedersen, and CFO and EVP Gottfred Langseth, have been publicly exposed as criminals within several online publications. Likewise, current PGS UK Head of Legal, John Francas, has been referred to as a fraudster and a fuck-head. Former PGS UK Head of Legal, Carl Richards, has been called a lying criminal pussy. Since July 2015, former PGS CEO and President Jon Erik Reinhardsen has been publicly accused within online publications of criminal behavior and more recently has been referred to as a more vulgar lying criminal cunt. All are accused of criminal blackmail, embezzlement and fraud. Such online published content online is not considered disparaging and a breach in the employment contract Confidentiality terms and conditions? The PGS cabal members may be fine with being called such things and none have invoked the terms and conditions of their employment contracts, as duty requires. The point of Confidentiality terms and conditions is not about how much Reinhardsen (now remarkably Chairman of Norway’s Equinor – Norway’s largest company – board of directors) values his own reputation. As an employee, and especially as a director and key executive, one’s contractual duty is to protect the reputation and value of PGS! Yet, the corrupt are allowed to breach their contracts routinely without scrutiny nor rebuke of stakeholders. It’s a disgrace that has allowed accused corporate criminals to continue abusing and damaging their victims.
None of these Named Accused Criminals Care about the Reputation and Value of their Employer or their Own Reputation to Invoke Contractual Confidentiality Terms and Conditions even when it’s their Responsibility to do so?Is it a Breach of Contract and Fiduciary Duty?
PGS’ corrupt and irresponsible stonewalling in addressing what should be simple issues is destroying company reputation and value. Therefore, SDK is concerned with the CGG and TGS executive decision to form a business partnership with PGS. Such a partnership with corrupt PGS risks devaluing the reputation and share value of both CGG and TGS, as well as diminishing the reputations of their own global geoscience professionals substantially. Since at least 2013, PGS has been actively defrauding the marine seismic industry. The annually published Responsibility Reports are remarkably deceptive works of fiction. The truth is that the PGS board of directors have, and continue to abrogate their of fiduciary duties on behalf of all their stakeholders. PGS’ dysfunctional and corrupt corporate governance system has already damaged their own company value and reputation. PGS has been provided license to pathologically deceive their stakeholders and the seismic industry in general. No PGS customer nor partner has responsibly demanded that simple compliance questions be addressed. So, exactly what is the function of due diligence if no evidence of compliance and a functional corporate governance system is required in forming partnerships?
Firstly, PGS has acknowledged severe damage to the company reputation and value through their sponsored criminal defamation litigation against whistleblower SDK in Thailand! PGS has never cited a breach in their contracts governed by the laws of England where the threshold for disparaging content that is much less than criminal defamation. There is no criminal defamation under English law. Rather, PGS cited the laws of Thailand where SDK resided as a US citizen, but no legal PGS subsidiary resides. (SDK regards the Thailand litigation as fraudulent extortion/blackmail with the main purpose to be to force the de-publishing of legally protected public disclosure or whistleblowing.) PGS is a Norwegian company where whistleblowing is protected through the Working Environment Act (WEA). SDK is a USA citizen who was sponsored by PGS’ UK subsidiary and was allowed to work and live in England with his family. By law and contract, the UK Public Interest Disclosure Act (PIDA) allows protected disclosure. Directors of SDKs employer engaged a Thai law firm to file claims of breach in Thailand law. Thailand law? SDKs employment contracts were governed by the laws of England. PGS is avoiding the English legal system that would reveal director and executive criminality. It also seems that the Norwegian government is aiding and abetting in crimes against US citizens. This is demonstrated by the promotion of criminals directly involved in violent criminal acts against USA-Thai citizens – the whistleblower and his family and not responding to email complaints.
SDK remains astonished by the hubris and idiocy of Norway’s corporate-political elite and their lack of understanding and judgement. First of all, the average lawyer and human resources professional is not as clever as the average geophysicist, as morons like Rune Olav Pedersen and Terje Bjølseth have learned. PGS putting their great confidence fraud in the hands of idiots like David Nicholson, Gareth Jones, Simon Cather and Carl Richards also showed more stellar poor judgement and over-estimation of their abilities, even added to their advantage in resources and controlling the narrative. The conspirators obviously did not anticipate a fight launched online by a tenacious victim of their crimes who would publish evidence of their wrong-doing. PGS obviously did not anticipate SDK submitting a subject access request (SAR) citing the UK Data Protection Act 1998 and actually receiving the proof of their fraud. At the same time, SDK did not realize the depth of actors involved in the confidence fraud. SDK also did not realize how feckless and uninquisitive Information Commissioner’s Office (ICO) caseworkers and the police (ActionFraud) would be upon receiving the evidence of wrong-doing. SDK was astonished that contacted lawyers did not see any problem with a personnel file populated with documents not signed by the subject. Much of this was likely due to the fact that all the lawyers involved from Watson Farley and Williams and SDKs counsel, Landau Zeffert & Weir had been bribed by PGS to support the false narrative and intimidate others to accept it.
PGS likely thought that they were the smartest guys in the room having covered all lose ends. In 2013, PGS CEO was Jon Erik Reinhardsen. In 2020, it was revealed that Equinor, the largest Norwegian company, where Reinhardsen presently serves as Chairman of the Board of Directors, lost over $20 billion USD in their US projects. Reinhardsen had been similarly misguided while PGS CEO. There was a steep decline in oil prices in mid-2014 that sent the industry reeling. PGS had already expanded their fleet size with the purchase of four new build Titan class Ramform vessels between 2013 – 2014. However, PGS continued their fleet expansion even more through assuming leases on vessels operated by Dolphin Geophysical following its descent into insolvency when most vessel operators stacked vessels. CGG reduced its fleet consecutively following the 2014 crash. (TGS has never owned a fleet of seismic vessels.) The Norwegian oil and gas industry seemed to be overly optimistic about a quick recovery, which meant that more and higher risks became acceptable.
Rapid growth for a period led to significant control problems. The board and management should have seen and addressed this sooner.
JON ERIK REINHARDSEN, EQUINOR CHAIRMAN OF THE BOARD (9 OCTOBER 2020)
PGS never cited a contractual breach in the Confidentiality terms and conditions while Reinhardsen served as PGS CEO. However, in September 2018, two claims were delivered to the residence in Thailand where SDK was staying immediately following his departure from Thailand. The first claim was sponsored by Carl Richards, PGS UK Head of Legal and secretary of PGS Exploration (UK) Limited secretary until 25 May 2018. The second claim was sponsored by the directors of PGS Exploration (UK) Limited, Rune Olav Pedersen, Gottfred Langseth, and Christin Steen-Nilsen. These were both complaints claiming criminal defamation under Thai law. The claims only cited a sample of the volume of published online legally protected disclosure. PGS Exploration (UK) Limited is an English company governed by the laws of England and therefore, the UK Limitations Act sets a one-year time limit from publish date to file defamation claims. The reason that there were several publications to “reference” within the Thai claims is due to the non-action of directors from July 2015 – September 2018 when PGS was obligated to honor their contract Confidentiality terms and conditions! Beyond this, Richards should not have been able to file a separate second claim as a private person referencing content that was published while he was a secretary. This was misrepresentation, but also meant SDK had “defend” and finance two illegal claims. SDK was forced to sign another compromise agreement governed by Thai law, but with adjudication venues also in Texas, USA?! (SDKs US home of record.) SDK does not regard the PGS sponsored Thai agreements to be legal.
There are three ways to make a living in this business: be first, be smarter, or cheat.
John Tuld, character in “MargiN Call”
The StatOil Board of Directors nevertheless selected incompetent and corrupt buffoon Reinhardsen to be their Board Chairman! The same incompetence that approved the bad investments leading to $20 USD billion losses also appointed an accused criminal as Chairman! And now Norway’s Oil Minister Tina Bru is surprised at a bad outcome? First of all, in business no money is ever really lost. Money is redistributed for the value placed on a transaction by every party involved. If Equinor paid too much for US assets, then US firms or operatives likely profited. And here is where Equinor hubris comes into play. The population of the US is 328 million. The population of Texas is 29 million. Texas is sort of the hub of the US oil and gas industry and as a US state is the tenth largest world economy. The population of Norway is 5.4 million and boasts the 45th largest world economy. When one cannot compete on a level playing field, those with lower ability and character cheat. But, one still has to be clever to get away with cheating. Had SDK not already formed an assessment of Norway corporate culture, bad investments would be aligned to bad luck. However, Reinhardsen had already exposed himself as a corrupt fraudster to SDK. Therefore, one must follow the money and see if Equinor “losses” lined the pockets of the Norwegian corporate – political elite.
When PGS decided to manipulate a sponsored US citizen and Thai family members personal passport and visa information, the cabal began breaking international laws and abusing their human rights. To hide this illegal behavior, the morally decrepit PGS board of directors signed onto the UN Global Compact. This was included within a the 2013-2014 PGS CEO Reinhardsen Responsibility Letter to deceive stakeholders and investors with a false image of integrity and interest in rooting out corruption. PGS signed onto the UN Global Compact two-weeks after defrauding a whistleblower and victim of harassment and discrimination! If one were to characterize the PGS organization as an individual, PGS is a narcissist. Narcissists generally lack empathy and tend to have unrealistically high opinions of themselves. Narcissists lie pathologically. Narcissists also tend to form shallow relationships to exploit and manipulate others. Narcissists are generally not impulsive, aggressive, or habitually deceitful. Principally, narcissists characteristically have a strong need for the admiration, esteem, or envy of others. PGS has never denied nor even commented on publicly disclosed accusations that PGS Board of Directors and key executives have been involved in illegal acts, including bribery, fraud, embezzlement, blackmail, and extortion.
If Norway’s corporate governance were functional, there is no way that so much content disparaging PGS, and anything connected to PGS, would populate the web. But, such content does populate the web. The PGS solution to this has been to delete and hide the truth from investors. But, the sheer amount of content published overwhelms such attempts to hide. PGS’ solution has failed miserably. Norway has always seemed like a nice country to SDK. However, Norway’s political – corporate support of criminals who intentionally harmed a US citizen and his US-Thai family cannot be tolerated. Norwegian citizen’s need to demand an investigation of the political – corporate elite, starting with Reinhardsen and his cabal. Reinhardsen may be a big deal in Norway. However, in the eyes of this Texan, Reinhardsen is a stupid and cowardly criminal who thinks it’s okay to harm innocent children and old people. Reinhardsen and his cabal are luckily (for them) protected. SDK has invited Reinhardsen, Langseth, and Steen-Nilsen to present their claims in the Texas courts. The Texas courts are referenced within the Thai compromise agreements that SDK was forced to sign under threat of imprisonment (2-5 years per claim) in Thailand. Clearly, it should be easy for PGS and Carl Richards to prove breach of contract for disparagement if PGS (Equinor and Telenor) believed that they and Carl Richards actually have valid criminal defamation cases in Thailand?
SDK worked for PGS over fourteen consecutive years until his illegal termination for whistleblowing 31 December 2013. How is it possible that SDK can continue to breach contractual Confidentiality terms and conditions in 2020? PGS has taken no legal action on contracts governed by the laws of England and allowed PGS directors, executives, as well as contracted businesses, to be accused of corrupt and criminal acts. It is intuitively obvious to anyone with their eyes open that there is corruption and incompetence. PGS has allowed the reputation and value of company employees and stakeholders to be diminished. Never once has a director or key executive intervened to protect shareholder value. The corrupt and moronic PGS Board of Directors should have been fired years ago! CGG and TGS will open themselves up to such disparagement if they do business with PGS. SDK will guarantee it. This is about honoring the geophysicist profession and the industry that employs them. The future that SDKs sees for his children is one where evil idiots and their minions are punished, not their victims. CGG and TGS will have to explain why they support and finance evil corruption that places the industry and professionals at risks? Or CGG and TGS can demand answers through thorough due diligence and be the righteous defenders of integrity for the industry and its professionals. Do your (fiduciary) duty!
Holly Hobson is accused of defrauding and defaming her foreign worker USA citizen client SDK. These protected public disclosure and accusations have been published online with evidence since 2015. Hobson has perverted the course of justice and remained fraudulently silent. Hobson participated in a confidence fraud to illegally terminate a foreign worker whistleblower through a fraudulent settlement contract supported by defamatory forged documents. Through a subject access request citing the Data Protection Act 1998, SDK received the contents of the PGS professional personnel file. None of the pertinent documents bare SDKs signature. The documents reference meetings that never occurred and letters never written. All of the documents were signed and created by the HR Manager, David Nicholson, accused of workplace bullying, discrimination, harassment, and breaching UK labour laws. SDK did not work under Nicholson and he possesses no direct knowledge of SDK work and responsibilities and otherwise has no qualified privilege. Nicholson and Hobson even withheld a medical report from consideration during the fake settlement contract negotiations which obstructed her clients legal and contractual right to submit a grievance and proceed through the legal process. SDKs legal and human rights were denied so that Hobson could receive her bribe money! Hobson placed the life of her client and his family at risk and broke numerous international laws!
Does BDBF conduct any due diligence on their attorney’s? Or does BDBF support lawyers who accept bribes and defraud their clients? Investigate accused criminal Holly Hobson!
SDKs employer, PGS Exploration (UK) Limited, 4 The Heights, Weybridge, England, KT13 0NY, has ignored contractual confidentiality clauses. This is because Hobson’s (Rushton’s) “contract” was unenforceable. The entire intent of the illegally proffered settlement contract was to silence whistleblowing. The settlement contract is not enforceable. Subjects named within SDKs published articles are not protected from disparaging publications. They remain silent to AVOID the English justice system.
Commentary Addressing PGS ASA 26 November 2020 Public Announcement
Matters related to corporate responsibility can greatly impact the ability of a company to create profitability and shareholder value over the long term, and investors are therefore increasingly attaching importance to these matters when making investment decisions. Oslo Børs has produced this guidance on the reporting of corporate responsibility in order to help increase transparency and improve reporting. The guidance is intended to be a practical tool that companies can adapt to the nature of their business and their size.
Bente A. Landsnes, President & CEO, Oslo Børs
Open Letter to Lucid Issuer Services Limited, 27 November 2020
ATTN: Victor Parzyjagla, email@example.com
Steven D. Kalavity (SDK) is a USA citizen who had worked with different affiliates Norwegian company PGS ASA (formerly Petroleum Geo-Services ASA) [PGS] globally since 2000. In December 2013, SDK was illegally terminated from employment with the PGS ASA UK subsidiary, PGS Exploration (UK) Limited, 4 The Heights, Weybridge, Surrey, KT13 0NY, England [PGSUK]. PGSUK had sponsored SDKs Tier 2 visa which allowed him to legally work in the UK and also allow his family dependent members to also live in England legally. In September 2018, directors of PGSUK sponsored illegal criminal and civil litigation in Thailand against SDK. SDK has been publishing online legally protected content revealing PGS ASA corruption and fiduciary neglect since 3 July 2015. PGSUK is an English company governed by the laws of England. As such, whistleblowing is protected through the Public Interest Disclosure Act 1998 (PIDA). However, Norwegian law also provides protections for whistleblowing through their Working Environment Act 2005 (WEA).
Any PGS ASA refinancing scheme must demand PGS ASA full disclosure regarding allegations of PGS ASA board of directors (BoD) corruption and fraud which imperils the future financial standing and success of the company. Non-transparency is a significant financial risk that must be accounted for by lenders. PGS ASA has illegally breached both PIDA and WEA whistleblower protection provisions and fabricated charges of criminal defamation in Thailand, where SDK was living with his family at the time. Silencing the truth which SDK publishes is required so that PGS ASA is able to continue defrauding investors through disinformation regarding PGS ASA real business practices. The main objective of the illegal litigation was to hide the truth from the public and continue their deceit of investors. The litigation in Thailand misrepresenting legally protected public disclosure under Norway and UK law as criminal defamation under the laws Thailand was wholly unnecessary and illegal.
The intention by PGS has been the continued deceit of their investors and stakeholders. PGS’ corrupt business practices, as highlighted by their extortion by illegal retaliatory sponsored litigation in Thailand, has diminished PGS value and reputation, as well as seriously damaged the upstream oil and gas exploration industry fair market. PGS ASA has already acknowledged that the reputation and value of PGS has been damaged to a criminal level punishable by 2-5 years in Thailand prison. So, the cited damage is significant. However, what remains left in doubt is who should be accountable for this significant damage to PGS ASA value and reputation? It is the duty and responsibility of the organizations BoD and executive management to make decisions that enhance company and shareholder value. To maintain a competitive advantage, businesses have a vested interest in keeping working projects, innovative ideas, or exciting new products secret lest they fall into the hands of a competitor. For this reason, employers require their employees to uphold Confidentiality Agreements or Clauses as part of their contract of employment that prohibit current or former employees from disparaging the company and disclosing their negative experience, even if it’s truthful. The PGSUK employment contract with SDK contained such Confidentiality provisions.
In Norway, it is illegal for contractual Confidentiality Agreements or Clauses to be used to silence whistleblowing. In England, such contractual provisions are not enforceable under English law. In other words, Confidentiality Agreements or Clauses cannot be legally used to protect corrupt actors from being exposed. Organization corruption always negatively impacts the company financial standing and future viability. Lenders must know the veracity of any alleged breach in the fiduciary duties of the BoD and executive management when considering proposed financial schemes that impact lending decisions. PGS has misused Confidentiality Agreements or Clauses to silence whistleblowing and deceive stakeholders. Principal PGS shareholders and investors have been complicit in the deception through not taking definitive actions predicated on the revelations made through numerous online publications. PGS cited the numerous online publications to be (criminally) defamatory, not just disparaging. PGS has never invoked contractual Confidentiality clauses governed by English law to stop the publication of “defamatory” content even when former employee’s who violate such terms and conditions risk facing hundreds of thousands of UK pounds in fines.
It should not be surprising that principal investors are aligned to the proposed financing scheme when they have ignored the numerous publicly disclosed online allegations of PGS mismanagement and corruption. PGS has instead employed subversive methods to deceive stakeholders and silence whistleblowing allegations. First of all, PGS legal compliance headed by now PGS CEO and President Rune Olav Pedersen, did not respond to numerous reports made online and through e-mail. Had the PGS Compliance Hotline abided by the contractual Confidentiality clauses responsibly and responded to several online publications and e-mails, there would have been no need for the subsequent “defamatory” online publications to follow. PGS never commented nor responded to several articles citing PGS corrupt practices published on the LinkedIn™ Pulse platform from 3 July 2015 through 20 August 2016. Instead, outside actors complained to LinkedIn™ content moderators. The defamatory complaints against SDK misrepresented published legal and contractually protected public disclosure as simply the misguided rants of a disgruntled former employee. This misrepresentation to the LinkedIn™ global community resulted in SDKs LinkedIn™ account being restricted and all published content being removed.
These actions were in fact a contract breach by PGS. PGS did not act on public disclosure in accordance to Confidentiality clauses. PGS intentionally avoided the English legal system. Litigation revolving around the Confidentiality clauses would have revealed PGS corruption, fraud, forged documentation, bribery, embezzlement, and all sorts of malpractice and mismanagement. SDK had been temporarily restricted on LinkedIn™ prior to the final and permanent restriction in August 2016. To avert LinkedIn™ content control, SDK created nopgs.com where LinkedIn™ content was republished and along with new content. The main result of PGS illegal litigation against SDK in Thailand was the theft of nopgs.com and the destruction of evidence consisting of published content and archives which would have been cited had PGS and SDK proceeded through trial in Thailand. The directors of a an English company registered with Companies House and governed by the laws of England sponsored a Thai legal firm to pursue criminal defamation charges under Thai law against a whistleblower when both remained bound by the terms and conditions of contractual Confidentiality clauses. There is no criminal defamation under English law. Beyond this, how can there not be a breach in the contractual Confidentiality clauses governed by English law and also be criminal defamation in Thailand?
PGS compelled SDK to sign yet another Confidentiality Agreement governed by the laws of Thailand and the laws of the USA state of Texas(?) to supersede the Confidentiality clauses of the original employment contract governed by the laws of England. SDK does not believe that the Thailand Agreement signed 9 November 2018 is a legal instrument for a number of reasons. Again, PGS is misusing Confidentiality clauses to illegally silence protected public disclosure of PGS corruption and malfeasance. The Thai Agreement was obviously signed under duress and the threat of criminal prosecution in Thailand with a potential 2-5 year prison term if found guilty for each claim by the former PGSUK secretary AND PGSUK directors. It should be noted that litigation in Thailand was first threatened by the acting PGSUK secretary as an individual divorced from PGS. SDK believes this was misrepresentation. An acting secretary cannot legally divorce himself from legal actions regarding the company which he represents. Litigation forwarded by a former PGSUK secretary and then English company, PGSUK, governed by the laws of England, including that legal proceedings be conducted in the English language, was delivered to USA citizen SDK in the Thai language to be defended in the Thai criminal and civil legal system?
At this point in time, several articles had been published from 3 July 2015 through October 2018 that never received comment by PGS. This included several Open Letters requesting legal clarifications for many of the fore-mentioned concerns. The claim put together by PGS does not include several published articles, nor reference any of the numerous attempts to communicate with PGS Compliance Hotline. Further, PGS has refused to present any claims in the English language. SDK believes that the litigation forwarded by PGS in Thailand is illegal extortion (UK blackmail). SDK never abided by the terms and conditions of the Thai Agreement. In fact, during the 10-day agreement certification period following the signing of the Thai Agreement, SDK breached the agreement through exposing the illegal litigation to PGS customer JOGMEC. PGS was in the process of negotiating the sale of a seismic vessel to Japan Oil, Gas and Metals National Corporation (JOGMEC). PGS again illegally retaliated against SDK for blowing the whistle, which is protected through both Norway’s WEA and UKs PIDA! PGS threatened new criminal and civil prosecution in Thailand for SDKs “breach” of the illegal Thai Agreement. A new criminal proceeding was scheduled for January 2019. However, PGS and the former secretary decided to not forward the new criminal proceedings.
Nopgs.com had been taken offline following the “breach” of the Thai Agreement. Around mid-December 2018, SDK discovered that nopgs.com had been stolen and all evidence necessary for defending against the new charges was destroyed. PGS did not move forward with the criminal and civil trials. SDK did incur substantial financial loss through the litigation forwarded by PGSUK and the former secretary. The Thai litigation also traumatized SDK Thai relatives to the point that one went to the hospital! SDK began to republished nopgs.com content and write new content in February 2019 on marineseismicsurvey.com. While the intention was to republish all material as it appeared on nopgs.com, some content was lost through the domain theft and edits or addendums to nopgs.com content may differ from offline archives. The Thai legal firm and PGS UK Head of Legal continued to cite SDK breaches in the Thai Agreement. In July 2019, SDK moved back to the USA. PGS continued delivering “Legal Notices” to SDK Thai relatives in his absence. In February 2020, PGS demanded that SDK return to Thailand to answer charges. As late as April 2020, PGS cited that SDK was in breach of the Thai Agreements.
PGS has never abided by their legal agreements with SDK governed by the laws of England. Because the proposed financial scheme Lock-Up Agreement for PGS must be sanctioned by an English Court, it is essential that it is established that PGS has been abiding by English law and that they invoke Confidentiality clauses terms and conditions governed by the laws of England. Several reports have been submitted to UK ActionFraud (police) that must be investigated thoroughly prior to any substantive agreement. Additional reports have been submitted to the UK Information Commissioner’s Office citing PGS Data Protection Act 1998 (DPA) and General Data Protection Requirement (GDPR) violations involving the processing of forged and defamatory SDK personal data that was used to support an illegal employment termination settlement contract. Copious amount of material has been sent to ICO caseworkers to support SDK allegations of PGS fraudulent and illegal actions against a whistleblower. This has included the illegal use of USA and Thai passport data, illegal reporting to UK, USA, Norway, and Thai government immigration agencies and processing of false / forged instruments as personal data.
PGS initiated criminal defamation claims using the Thai legal system even though whistleblower SDK and PGS are bound by agreements containing Confidentiality terms and conditions governed by the laws of England. Lenders must have confidence that PGS is in compliance with the laws of England proceeding any Lock-Up Agreement requiring the approval of an English Court. SDK never defamed PGS! SDK exposed PGS corruption to the benefit of lenders and shareholders mostly, but to all industry stakeholders generally. The English Court must demand answers and adjudication within the English legal system regarding PGS’ misuse of Confidentiality clause terms and conditions in place to protect company reputation and value, but being employed as an instrument to deceive lenders and investors. I invite the English Court to conduct a simple Google™ image search on pgs asa and ask why no legal action has been taken against SDK using the English legal system? SDK implores the English Court to conduct appropriate due diligence and establish the integrity of PGS business practices prior to any approval of a Lock-Up Agreement.
Steven D. Kalavity, PGS ASA Whistleblower
Demand that the PGS ASA Board of Directors and Executive Management Team be Investigated
Carl Richards, PGS Exploration (UK) Limited Secretary, is Accused of Initiating Illegal Criminal Defamation Prosecutions under Thailand Law for a Company Governed by the Laws of England to Retaliate Against his USA and Thai Citizen Crime Victims
ATTN: Jon Erik Reinhardsen, Chairman; Gottfred Langseth, Director; Christin Steen-Nilsen, Director; Kevin M. Hart, Secretary; Corina Maria Ragazzo, Secretary; Robert Johnson, Treasurer
Petroleum Geo-Services, Inc.:
My name is Steven Kalavity (SDK). SDK is a USA citizen who worked with several of Norwegian company Petroleum Geo-Services ASA (now PGS ASA, “PGS”) subsidiaries from 2000 – 2013. SDKs first assignment with PGS was in Houston, Texas (PGSUS). When SDK worked globally for PGS, Houston, Texas, USA, remained SDKs home of record for USA federal purposes, such as voting. However, SDK spent very little actual time in Texas over the years working globally for PGS. SDKs home of record for PGS while working on vessels and remote data processing centers was Thailand. SDKs final assignment was with PGS Exploration (UK) Limited, 4 The Heights, Weybridge, England, KT13 0NY (PGSUK) as part of the Contract Sales – Africa group from September 2010 to December 2013. SDK was sponsored on a Tier 2 work visa by PGSUK which allowed him to work and live in England with his family. At the time of SDKs signing a termination settlement contract agreement (SCA) in December 2013, the directors of both PGSUK and PGSUS were Jon Erik Reinhardsen, Gottfred Langseth and Christin Steen-Nilsen. SDKs SCA included provisions for relocation expenses to Houston, Texas. SDK was the only one of the Thai-USA family who had actually lived in Houston. SDKs family departed England 24 December 2013. According to records, this was one day following PGS’ board of directors had signed their commitment for PGS to abide by the Principles of the UN Global Compact. As CEO and President of PGS, Reinhardsen highlighted this commitment within a letter to PGS stakeholders.
PGS has refused to confirm the employer / agency of employee Gareth Jones, especially from the period of between 1 June – 31 December 2014. This withholding of information is an obstruction of justice. In October 2014, SDK submitted a subject access request (SAR) to PGS / PGSUK citing the UK Data Protection Act 1998 (DPA) so as to receive copies of the personal data that PGS / PGSUK was processing relevant to SDK. UK (England) Data Controllers, such as employers, are legally obligated to abide by DPA Principles. As a USA citizen who worked under contract in England governed by the laws of England, DPA compliance formed part of the employment contract.
Subject data must not be transferred to other countries outside the European Enterprise Area (EEA) without adequate protection
uk data protection act 1998 (DPA), eighth Principle
It is implied that the legal and contractual DPA Principles 1-7 are being adhered to by the data controller. For the record, the USA does not form part of the EEA. One of the considerations for subject data transfer outside the USA is whether the data subject has consented to such a transfer of their personal data. What SDK discovered once receiving copies of personal data being processed by PGS / PGSUK was inaccurate and defamatory personal data. Obviously, SDK would not consent to this and it is otherwise illegal. Most notably, contents of SDKs professional personnel file contained several documents not signed by nor verified by the data subject. Most were signed or endorsed solely by the PGS UK HR Manager, David Nicholson. SDK did not work for Nicholson nor HR and Nicholson possesses no direct knowledge of SDKs work, i.e., Nicholson did not / does not possess any qualified privilege with respect to his authored content. PGS HR Manager Nicholson (retired in shame) solely signed/endorsed SDK personnel file content which is both fraudulent anddefamatory.
The legal standard for documents populating one’s personnel file throughout SDKs entire working life, up to my experience with PGS, had always been a required employee verification (not necessarily agreement) of all documents being processed within their personnel file. In other words, documents held within personnel files require the signature of the data subject. However, in SDKs case, every document of consequence held within SDKs personnel file bore no subject (SDK) signature! Regardless of whether or not there was a PGS violation of DPA Principle 8, tenured HR staff should have easily recognized that SDK personnel file data did not comply with the most basic HR legal standards. The documents being processed are illegal. There is no way to verify the accuracy of SDKs personal data without a counter-signature. E-mail records contradict the content of the forged and defamatory documents endorsed by Nicholson. Also, SDKs employment was terminated by the SCA. One of the provisions of signing the SCA was a letter by my former employer, PGS, for reference in SDKs search for new employment. The letter was predicated on the contents of SDKs professional personnel file, which contains a copy of the SCA. So, regardless of any violation of DPA Principle 8, the contents of SDKs personnel file were implicitly shared with PGSUS for the explicit purpose of being referenced for SDKs employment search in the US / Houston job market. The PGS SDK personnel file document contents are inaccurate and defamatory. The contents violate most every DPA principle and also seem to constitute the illegal blacklisting under Texas statute.
Nicholson, along with SDKs immediate supervisor, Edward von Abendorff, PGS VP Contract Sales – Africa, and his supervisor, Simon Cather, PGS Marine Contract Africa Regional President had all been accused of gross misconduct, breaches of SDKs employment contract, bullying / harassment, discrimination, misuse of the performance management system and defamation, etc., within a 20 September 2013 SDK submitted workplace grievance (“Grievance”). The Grievance is referenced within the SCA being processed within SDKs personnel file. However, the copy of the personnel file which was provided to SDK following the 2014 SAR did not include a copy of the Grievance. The contents of the Grievance met the standard of qualified protected disclosure, or whistleblowing, as defined by both the UK Public Interest Disclosure Act 1998 (PIDA) and the Norwegian Working Environment Act 2005/2017 (WEA). This is important because SDK was employed by contract governed by the laws of England. However, the Grievance was delivered to agents of Norway’s PGS which is governed by the laws of Norway. The only document not signed and/or endorsed by Nicholson being processed within SDKs PGS personnel file is a 25 October 2013 memo (Memo) signed by Per Arild Reksnes, PGS Marine Contract EVP and Terje Bjølseth, PGS SVP Global Human Resources, who are not agents of PGSUK. Both Cather and Nicholson are “exonerated” by Reksnes and Bjølseth through this Memo for their multiple abuses of power, misconduct and contract violations that were cited within the Grievance.
Following the receipt of the copies of SDK personal data provided through the SAR late 2014 (2014 SAR), SDK complained vigorously to PGS, of course, but also to the UK Information Commissioner’s Office (ICO) and Norwegian Data Protection Authority who oversee data controller personal data processing compliance. On 22 December 2014, a year after having signed the SCA, PGSUK wrote a threatening letter to SDK for disputing the obviously inaccurate and defamatory forged SDK personal data PGS processed and apparently shared outside the EEA, according to a 30 October 2013 email to SDK from Bjølseth. The wire and mail transfer of fraudulent (forged) personal data would constitute the US Federal crimes of mail and wire fraud. As stated before, it serves the data subject to have compliant and accurate personal data sent outside the EEA to the USA to facilitate searching for employment in the USA. However, processing defamatory forged documents in retaliation for blowing the whistle is patently illegal. Also, Nicholson was the principal processor of SDK personal data along with HR employee, Laura Haswell, in spite of the fact that Nicholson had orchestrated and was at the center of the events which brought about and constituted the content of the Grievance. (The 2014 SAR content also revealed communications between Haswell and Jones regarding SDKs impending move to the USA, indicating a global criminal conspiracy by PGS to defraud.) Within the 22 December 2014 letter (Extortion Letter) sent on behalf of PGSUK [Reinhardsen, Langseth, and Steen-Nilsen] and endorsed/signed by Nicholson, who had been accused of criminal misconduct within the Grievance, PGSUK agreed to alter SDK personal data being processed through the inclusion of SDKs 5 December 2014 complaint e-mail even though the Extortion Letter/email stated otherwise.
Termination of employment by a settlement contract requires that the employee receive counsel by an employment law solicitor. PGS breached SDKs original employment contract (OEC) by proffering a termination settlement contract without proceeding through all of the steps of the legal and contractually mandated grievance procedure. Following SDKs being offered a termination settlement contract, SDK immediately contacted UK (English) employment law solicitor, Philip Landau, who was with Landau Zeffert and Weir Solicitors (LZW) at the time. Landau was provided with a summary of the grievance points and the fact that the SCA was proffered before the grievance procedures outlined within the PGS UK Personnel Handbook had been followed and completed as prescribed by the OEC. Landau should have easily recognized the Grievance as protected disclosure and queried about the terms and conditions of the OEC to determine whether the OEC had been breached. Nevertheless, on 1 November 2013 the negotiations – confidence fraud – commenced for the final terms and conditions of the SCA. PGS engaged legal firm Watson Farley and Williams (WFW) employment solicitor, Rhodri Thomas, to negotiate the final terms and conditions of the SCA. WFW Thomas similarly ignored UK law and PGS policy and procedure to pressure SDK into an uncontested “termination” through a fraudulent SCA. Thus, SDK has concluded that Landau and his assistant, Holly Rushton, and WFW were bribed into processing the forged documents to support an illegal termination settlement contract which bypassed SDKs legal right to follow the prescribed grievance procedure to protect the criminals.
The Memo is dated for when Landau represented SDK. The Memo references a canceled meeting which Landau also was informed about. The Memo references a letter by SDK that was never written and in fact does not exist. A legal grievance process must include a written notification of the outcome to the griever, as well as notification that the griever has a right to appeal the decision. The Memo was created to represent SDKs acceptance of an unfavorable outcome to the Grievance agreed to with the guidance of legal counsel. The (forged) Memo does not even reference the actual Grievance nor inform SDK of his legal and contractual right to appeal the Grievance decision. SDKs Grievance recipient and witness, John Barnard, was not included as a recipient of the Memo. Barnard was supposed to ensure the proper proceeding of the legal grievance process. SDK was being terminated through settlement contract by the foregone conclusion that he otherwise would be terminated for performance which was evidenced only by the malicious and unprivileged assessment of an accused criminal, Nicholson (and Cather and von Abendorff). PGS / PGSUK had written to and applied for SDKs Leave to Remain with the UK Border Agency 15 July 2013. On 24 July 2013, Nicholson endorsed a letter (Ambush Letter) written on behalf of PGSUK (Reinhardsen, Langseth, and Steen-Nilsen) citing apprehension about SDKs performance. The Grievance was SDKs response to the Ambush Letter. The Ambush Letter was PGSUK / PGS frantic attempt to obstruct SDK from beginning the grievance process following what SDK believed was an illegal Ambush Meeting hosted by Nicholson, Cather, and von Abendorff. PGS / PGSUK were illegally obstructing SDKs legal and contractual right to blow the whistle. PGS / PGSUK were also defrauding UK Border Agency and ICO (and NDPA). LZW Landau/Rushton and WFW Thomas aided and abetted in these frauds.
SDK has known that he was a victim of PGS crimes since receiving the 2014 SAR content. However, the binding nature of settlement agreements combined with the breadth, money, and number of criminal co-conspirators and their agency (WFW and LZW lawyers) has made just resolution much more difficult. The OEC contained Confidentiality clauses that prohibit employees from publishing disparaging content about PGS and its stakeholders (which would include WFW). The SCA also contained mutual Confidentiality clauses that prohibited both SDK and PGS from publishing disparaging content about one another. Of course, the publication / processing of defamatory forged documents was a breach of the SCA. However, this could only be established by first establishing that the SCA itself was fraudulent. It is important to note that not all publication of disparaging content is a breach. Whistleblowing is protected through PIDA/WEA. SDK submitted his first report to the UK police (ActionFraud) 24 August 2015. On 3 July 2015, SDK published An American, the UK Data Protection Act, Petroleum Geo-Services (PGS) and the Tyranny of “Accurate Data” (3-Jul-2015)on the LinkedIn™ Pulse platform. On 6 September 2015, SDK published, Petroleum Geo-Services (PGS) CEO Jon Erik Reinhardsen Should Resign (6-Sep-2015). In spite of the threats made within the Extortion Letter months before, PGS took no action. PGS’ responsibility to shareholders was to investigate the whistleblowing claims and then cite a breach in the SCA terms and conditions to stop future publications and safeguard the reputation and value of PGS. PGS remained silent. SDK contacted PGS Compliance Hotline composed of PGS General Counsel, Rune Olav Pedersen, PGS Compliance Officer Silke Hitschke, and Bjølseth (PGS Compliance). PGS Compliance were provided with articles and emails proving that the SCA was illegal, as was SDKs termination from employment for blowing the whistle. PGS Compliance never responded. This was a violation of their fiduciary duty and a furtherance of the damage and fraud to whistleblower SDK and continuation of the intentional deception to the upstream oil and gas industry investors.
In 2016, SDK submitted another SAR to PGS. SDK also submitted SARs to WFW and LZW. (LZW had become Landau Law in early 2014. SDK supposes that this was done to help launder the money received in bribes.) Landau / Rushton never reached out to SDK to warn about or admonish his online publications. PGS and WFW also provided no additional data nor comment regarding SDK online publications. SDK regarded as his publications as legally protected public disclosure. In August 2016 SDK was further defrauded and defamed by PGS. SDK had been publishing his legally protected public disclosure within the PGS LinkedIn™ comment space. PGS again were in breach of the Confidentiality terms and conditions by not investigating whistleblowing claims nor citing a contract breach. Instead, PGS irresponsibly deleted the protected public disclosure and continued their defamation and defrauding of a whistleblower and the industry. SDK was restricted and further defamed on LinkedIn™ through PGS not abiding by the contractual Confidentiality terms. PGS Compliance on two separate occasions during 2016 breached the Confidentiality terms of the SCA. PGS Compliance stated that they had investigated and found no issues. PGS Compliance found no issues with unsigned and unverified documents within a whistleblowers professional personnel file? It was a cover-up which SDK also wrote about prior to being restricted on LinkedIn™, The Petroleum Geo-Services (PGS) Ambush Meeting and the Definition of Fraud (24-May-2016). What has been most damaging through all of this ordeal is to have witnessed the abject moral weakness and lack of principles of former co-workers who have made the constructive decision to aid and abet evil criminals above victims of their crimes. PGS has expended a lot of resources to deceive the industry. Much of this has been through salary bribes and promotions paid to complicit employees who breach the PGS Code of Conduct and Core Values to damage an innocent victim of crimes and whistleblower along with his family who were also under PGS’ contractual duty of care.
Following SDKs defamatory restriction from LinkedIn™, SDK established nopgs.com to publish his protected disclosure without the constraints of uninformed social media gatekeepers intimidated by corrupt corporate agents. SDK used Twitter™ to continue informing @PGSNews about new publications related to PGS non-compliance. No agent of PGS, WFW, or LZW had ever contacted SDK with regard to the several online publications which exposed PGS non-compliance. In 2018, SDK was living in Thailand. For the first time ever, in April 2018, someone purporting to be affiliated with PGS had something to say about SDKs online publications. Carl Richards was the PGS UK Head of Legal and PGSUK company secretary from 13 September 2013. In other words, Richards was PGSUK secretary at the time the Grievance was delivered. According to 2014 SAR contents, Richards and his associate lawyer, Ben Kelly, had reviewed and approved the final terms and conditions of the SCA (which references the Grievance, unlike the Memo). By 2018, SDK had established that he was a victim of a criminal conspiracy and also began to understand the corporate hierarchy and their accountability. SDK was producing image files which pictured the accused with links to the articles and evidence broadcast through Twitter™. Richards never did verify his identity in fact. Richards seemed especially concerned with the publication, Carl Richards, Arbitrary and Capricious Company Secretary, PGS Exploration (UK) Limited (24 Feb 2018) p112-118and threatened to pursue criminal litigation against SDK as an individual separate from PGS?
In May 2018, lawyer Tippaya Moonmanee with Thailand law firm Duensing – Kippen sent a legal notice on behalf of Richards threatening criminal prosecution for defamation under the laws of Thailand. The notice further stated that she/Duensing – Kippen did not represent PGS, but only Carl Richards the individual (divorced from his fiduciary responsibilities of PGSUK secretary?). SDK believed that the notice was extortion and published this belief. SDK also informed Duensing – Kippen that SDK and PGS were currently bound by contractual confidentiality terms and conditions governed by the laws of England and that litigation in Thailand was unnecessary if the SCA is a valid and legal instrument. (SDK had concluded that the SCA could not be a legal instrument since it was supported by defamatory forged documents.) SDK did not give too much thought to the correspondence at the time. But, how did Duensing – Kippen receive SDKs post address in Thailand? SDK had provided WFW and PGS with passport and post address information for the 2016 SARs. SDK did comply with the demands, to a degree, at first, but did not receive reasonable verification or details to believe the claim was legitimate. Richards resigned from PGS 25 May 2013, according to the PGSUK company information published on Companies House website. In June, SDK again submitted another SAR. This time SDK cited the new General Data Protection Requirement (GDPR) which had replaced DPA.
No additional data was provided from the 2018 SAR. However, within the response from PGSUK in-house solicitor, John Francas, PGS again threatened litigation for breaches in the SCA? In September 2018, SDK left Thailand and returned to the USA. Duensing – Kippen delivered two criminal complaints to SDKs Thai residence on the date SDK departed Thailand. Duensing – Kippen and PGS had used SDKs passport data to track his travels. SDK did not receive the complaints in electronic format. Only firm copies were delivered by post. SDK had to shorten his visit to the USA and return to Thailand to address the PGS sponsored criminal complaints. Even though Duensing – Kippen had explicitly informed SDK that they did not represent PGS, upon arriving to back to Thailand, Duensing – Kippen had delivered two criminal complaints. One was on behalf of Richards, who still had never confirmed his identity in fact. The other claim was on behalf of PGSUK directors Pedersen, Langseth and Steen-Nilsen. Duensing – Kippen had lied to SDK in stating that they did not represent PGS. The “legal claims” of criminal defamation under Thai law included only a small portion of the publications posted since 2015. Content had been translated from its original publication in English into Thai. SDK sent several inquiry emails to PGSUK directors and legal, including Francas, PGS General Counsel Lars Mysen, and PGS Data Protection Officer, Daphne Bjerke, and PGS UK HR Manager Gareth Jones. No one replied to these emails even with the ongoing litigation in Thailand. SDK had to hire Thai lawyers and travel to Bangkok, Thailand Criminal Court to address the claims. This costs thousands of US dollars since there were two separate criminal claims instead of just one.
The claims delivered by Duensing – Kippen on behalf of PGS, WFW, and LZW traumatized SDKs Thai in-laws. SDKs mother in-law went to the hospital and became gravely ill. SDKs family in the US were also traumatized – and still are, along with my wife and children because of PGS’ harassment and illegal actions against their victim of crimes! The delivered claims also were a material breach of the SCA which prohibited the publication of disparaging content, such as an illegal false criminal complaint to silence a whistleblower. On 11 November 2018, SDK signed two Thai compromise agreements to avoid criminal trial in Thailand. For the record, Duensing – Kippen have no idea what is or is not defamation. Neither does Francas. The entire point of SDKs publications is to expose PGS processing illegal forged and unverifiable documents. Defamation is the publication or disclosure of false and harmful information about another party. One cannot ascertain what is true or false through documents that have no counter-signature or supporting data. Further, the threshold for disparagement is much less than proving defamation. How can there be criminal defamation in Thailand but not a breach in the SCA? There cannot be. The litigation in Thailand was get evidence of crimes de-published. Within 10-days of the Thai compromise agreements, SDK was told that he “breached” the Thai agreements through reporting the current predicament and ongoing litigation to JOGMEC while PGS was negotiating the sale of a vessel to JOGMEC. SDK again was exercising his legal right under law and contract to publicly disclose PGS mischief, but was silenced to PGS could once again silence the truth.
PGS and Richards had Duensing – Kippen (illegally) file two more criminal complaints in retaliation for SDKs whistleblowing to JOGMEC. The new trials were set for January 2019. SDK had taken nopgs.com offline as discussions around the litigation and compromise agreements were ongoing. SDK does not believe that the Thai agreements are legally enforceable for several published reasons. The main issues are that SDKs contracts with PGSUK are governed by English law with no limit in time. This includes data protection provisions by GDPR and whistleblower protection through PIDA. The Thai compromise agreements were unnecessary if the OEC had not been breached by PGS and the SCA were a legal instrument. Between 11 November 2018 and January 2019, likely in December 2018, nopgs.com was stolen and SDK lost access to his website. This theft and destruction of evidence was intended to silence legal and protected disclosure about PGS corruption. However, SDK has been certain since 2014 SAR that PGS processes inaccurate defamatory data. Nicholson and Francas both threatened litigation due to breaches in the SCA when they both knew the SCA was not an enforceable legal instrument supported by forged documents. The Thai Compromise agreements also had resolution venues in Harris County, Texas federal or state courts. SDK questioned this. Thai defamation laws are notoriously severe. These laws do not parallel Texas law or USA Federal law. The USA is comprised of fifty independent states with separate laws which differ from federal statute. Neither the USA nor Texas can or would enforce Thai criminal laws.
On 3 July 2019, Francas contacted by email SDK regarding breaches in the Thai agreement between PGSUK and SDK. Nopgs.com content was republished on marineseismicsurvey.com. Duensing – Kippen has demanded articles de-published. Based on what? PGS, WFW, and Landau Law have not presented evidence that the content on marineseismicsurvey.com actually is the same as nopgs.com and is covered by the litigation because they stole nopgs.com and all content was lost! Richards has remained silent since slithering out of England (to Brisbane, Australia, SDK believes). SDK has no idea where Richards is and Richards has made no attempt to change that. Richards has protested no published content. No director nor named executive has ever even tried to defend their own reputation. PGS, WFW, and Landau Law have relied upon illegal threats against SDK and his family from Duensing – Kippen to demand silence. This is how corrupt and cowardly PGS, WFW, and Landau Law are. There is no interest in the truth, only the continued deception of a public so PGS, WFW and Landau Law can publish lies about their unethical and illegal business practices. PGS, WFW, and Landau Law have allowed many disparaging publications that name cohorts. Reinhardsen has never even tried to defend the reputation and value of PGS, Equinor, and Telenor. Reinhardsen has allowed employees to have their names published and reputations tarnished. Leaders do not allow that! The cowardly and corrupt run away from the truth.
The people most severely damaged by PGS, WFW and Landau Law are the whistleblower and his family. SDK, who publishes the truth is blacklisted?! PGS, WFW, and Landau Law have caused incalculable damage to the upstream oil and gas industry, as well as the geoscience, HR, and employment law professions. True professionals should admonish such behavior and shun their cowardly and corrupt brethren who destroy lives. They are all disgraceful. As late as May 2020, Duensing – Kippen continued citing SDK breaches in the Thai agreements and harassing SDK and his Thai family. SDK is in the USA now and the Thai agreements cite the USA federal and state courts of Texas. PGS, WFW, and Landau Law have been requested to remark on the status of the SCA which they all formed. Why such an effort to run away from that agreement? All of the PGS agreements lead us back to Texas where the fake data about PGS was shared. It takes us back to the questions asked in 2014 and are now posed again to PGS UK HR Manager Gareth Jones. Explain the Memo and all other documents PGS processes within SDKs PGS personnel file and confirm Jones’ agency/employer from 2013 – 2020? And answer the base question, is the SCA signed in England 5 December 2013 really a legal contract? PGS, WFW, and Landau Law silence is obstructing justice and that really is a USA and Texas crime and I have always been a USA citizen. .
For example, on a survey conducted by Family Lives in the U.K., more than 80% of the participants reported that workplace bullying affected their family life. Therefore, the “spillover” effect of workplace bullying on the victims’ personal lives cannot be ignored and constitutes an important consequence of workplace bullying which has been largely neglected by the current literature. Negative job-related feelings such as anger, frustration, despair, and hopelessness can compromise parenting abilities in such a way that the stress resulting from workplace bullying may indirectly affect their children’s psychological well-being and behavior by altering their parenting practices. ~