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Message
re: OT Lawyer Advice:Business Contract
Posted on 11/17/17 at 11:58 am to RonLaFlamme
Posted on 11/17/17 at 11:58 am to RonLaFlamme
quote:
Thoughts?
If there has ever been a scenario on the OT where a poster legitimately needed to contact a lawyer for advice, this is it.
Please don't rely on anything said in this thread, other than to heed the advice of those who have advised you to get help from a lawyer.
Posted on 11/17/17 at 12:00 pm to theOG
I won’t take any action before consulting in person with an attorney who specializes in contract law.
Also - I don’t have visibility into the new company revenue numbers to know how much were talking about here, but they have some significant VC funding.
Also - I don’t have visibility into the new company revenue numbers to know how much were talking about here, but they have some significant VC funding.
This post was edited on 11/17/17 at 12:02 pm
Posted on 11/17/17 at 12:03 pm to RonLaFlamme
quote:
Legal is strictly a final fallback position.
This is stupid. Call an attorney today.
Posted on 11/17/17 at 12:05 pm to TigerDeacon
Why stupid? I’d call it patient, but still gathering information in the meantime. Equate it to don’t pull the gun out unless you intend to shoot.
Posted on 11/17/17 at 12:07 pm to RonLaFlamme
Using business negotiations over legal threats might be smart, but delaying getting legal advice on the front end has burned many a person. You don't know what you don't know. Pay for some legal advice now, is my advice. You don't have to threaten litigation, but you need to understand the landscape.
This post was edited on 11/17/17 at 12:08 pm
Posted on 11/17/17 at 12:07 pm to RonLaFlamme
quote:
but still gathering information in the meantime
Because the attorney would give you the INFORMATION you need to negotiate. What you should expect. What your rights under the contract are, etc. So you don't go in there and agree to something that cuts your own legs off.
quote:
Equate it to don’t pull the gun out unless you intend to shoot.
Was your plan to go in there and say, "I've got a lawyer?". Their answer will be that they have 20+ and then you have completely undermined yourself. You get the information you need so that you know what to expect.
This post was edited on 11/17/17 at 12:08 pm
Posted on 11/17/17 at 12:09 pm to TigerDeacon
Yes - I will be consulting with an atty in the meantime but not disclosing that to them obviously.
Any recs in the BR area?
Any recs in the BR area?
Posted on 11/17/17 at 12:24 pm to RonLaFlamme
Your profile says you are an attorney. What troll game are you playing?
Posted on 11/17/17 at 12:26 pm to Koach K
No troll - just an ironic convergence of my pseudonym and my current circumstance.
Posted on 11/17/17 at 5:00 pm to RonLaFlamme
I mixed you up with the OP. Mea culpa.
This post was edited on 11/17/17 at 5:01 pm
Posted on 11/20/17 at 12:39 pm to RonLaFlamme
Bumped for update in OP
Posted on 11/20/17 at 2:49 pm to RonLaFlamme
Not sure why the purchaser is relevant to your rights under your present agreement.
Bottom line is whether your contract was assumed by the buyer if an asset purchase.
If a stock purchase the idiot buyer has in all likelihood steps into the shoes of the past owner and this is thus party to your agreement.
Do you even buy-sell bro?
Bottom line is whether your contract was assumed by the buyer if an asset purchase.
If a stock purchase the idiot buyer has in all likelihood steps into the shoes of the past owner and this is thus party to your agreement.
Do you even buy-sell bro?
This post was edited on 11/20/17 at 2:51 pm
Posted on 11/20/17 at 3:00 pm to RonLaFlamme
quote:
Consulted with an atty - and he said it is likely that the acquired company was acquired as a subsidiary of the parent and thus I would be out of luck. If I want to pursue further, he can research the filing in TN to see how it was done, but he said 99% of the time, this is how it's done.
This attorney is probably correct in his reading of the situation. Think of it like this, if this company you had a contract with filed for liquidation, what recourse would you have? You need to look at this situation in this context. You may luck out and they assume your contract or modify, but I would advise that the acquiring entity will execute their 60 day notification as soon as they can.
Consult your own attorney, but 20 plus years of handling corporate law, tells me you probably should start prospecting for new business
Posted on 11/20/17 at 3:02 pm to RonLaFlamme
quote:
Any recs in the BR area?
Phelps Dunbar
Posted on 11/20/17 at 3:03 pm to KiwiHead
Thanks. They'll likely keep me around for domain knowledge, but at less favorable terms. I don't have a non compete and am considering launching a similar, though not identical company/product.
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