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Ask HN: Co-founder set up a new company using our IP and enployees

20 点作者 ts-hn大约 10 年前
A co-founder set up a new company using IP from our company and fired and rehired our employees. They've now gone through techstars and have raised several million. Unfortunately we cannot afford to go down the legal route, what are our options? Are there legal companies that will provide us with a service like no win no fee? If so which ones are recommended? Thanks!

6 条评论

trcollinson大约 10 年前
I am not a lawyer, talk to one. As has been said previously, there are lawyers who will give you at least a basic consultation for almost nothing. If you have a case, there are a number of routes that take a &quot;contingency based&quot; payment structure. If you have no case, the lawyer won&#x27;t take you.<p>Now with that said, some non-official legal opinion. So you had a company previous to this incident which had IP and employees? And a co-founder left, built the same exact company, with the same exact IP, and same exact employees? And then that co-founder got into techstars? And then that co-founder secured several million dollars in funding for said new company? And now you would like to sue this co-founder?<p>Maybe you see where I am going here. This is not exactly an open and shut case. Usually if a co-founder (or anyone else from within an organization for that matter) suddenly leaves with a substantial amount of IP and employees this raises the legal red flag right away. Yet you have come AFTER the company moved forward, received seed funding, received a series A round, and is now running at least presumably more successfully than it was before. That is not a good legal position to be in for you.<p>Second, although I have no idea what techstars seed round due diligence looks like, I am absolutely sure that the Series A round had a rather large legal due diligence process which included checking on the IP and making sure it was more or less clean. The start up world may be the wild west of funding but investors don&#x27;t just handle over millions of dollars and hope for the best. This is not to say that a company can&#x27;t lie, they can, some might, and often they do get caught during due diligence.<p>Sorry, the whole story sounds a bit fishy. If you are in fact in a small group of people who were &quot;left behind&quot; this could be entirely legal and even a viable business strategy. I have seen companies where a reverse merger acquisition has been made to move profitable employees and IP while leaving behind substantial debt and less profitable employees. I wouldn&#x27;t call it ethical, but it is viable and certainly legal in some cases. Every situation is different though. Consult an attorney (or 3, because legal opinions are just that, opinion, until a ruling or a settlement is made), see what your options are, and move on.
davismwfl大约 10 年前
Are you also a co-founder or just an employee that didn&#x27;t get taken along. Only matters in terms of standing nothing else, e.g. an employee wouldn&#x27;t have standing to go after a co-founder for doing this AFAIK, but a fellow co-founder or investor could likely. If you are an employee with vested shares, then technically you might have grounds to go after him for causing a devaluation of your stock. But that only counts if it actually has&#x2F;had real value at the time he left.<p>In the end, all this depends, and IANAL but if the IP was developed before the company was legally formed and never properly assigned to the company then it might be a little tougher to go after him if he originally created it. At the same time, if the company paid to develop features etc and was formed legally, then there could be a claim, again it is likely messy.<p>You can absolutely find some good attorneys to at least sit with you in consultation and figure out where you stand. Honestly, even if it costs you 2-4 hours of their time that would be worth it.
therealwill大约 10 年前
Even if the co-founder did not sign a non-compete you should still be protected by the trade secret act. <a href="https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Uniform_Trade_Secrets_Act" rel="nofollow">https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Uniform_Trade_Secrets_Act</a>
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peri大约 10 年前
You need to talk to a lawyer about this. There are plenty of good lawyers out there who will give you a short consultation without costing you much. There&#x27;s unfortunately not enough detail here for good advice to come from HN and you&#x27;re likely to prejudice any proceedings if you reveal too much here.<p>In short: get to a lawyer. Search for grellas&#x27;s posts about who to talk to cheap.
brudgers大约 10 年前
I apologize for being a bit confused. Please help me understand.<p>What is&#x2F;was your role in the original company?<p>What was the cofounder&#x27;s role in the original company?<p>How was IP assigned in the original company?<p>Why is the &quot;legal route&quot; not an option?
ansible大约 10 年前
You can&#x27;t afford not to go the legal route.<p>Did this co-founder sign non-compete and confidentiality and IP assignment agreements?