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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
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Experience:  Run my own successful business/contract law practice.
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I have an ex business partner that blocked access to my e-mail

Resolved Question:

I have an ex business partner that blocked access to my e-mail and the another remanescent partners. In out company contract he was supposed to give the email domain account to the company. Until now we are already three days withous access to oou business e-mails. Can we sue him? He is leaving United States August 28 and we would not like to allow he leaving the country until we solve this problem. What can we do?
Submitted: 1 year ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Pleas permit me to assist you with your concerns.

I am sorry that you are in this situation. You named him as an 'ex' business partner. What happened, exactly? Was he bought out, or does he still have some ownership interest in the company? Also, to what country is he going to?
Customer: replied 1 year ago.

Thank you for your response.


 


He was "fired" from the company three days ago because he never followed the board's decision. He had vesting in the company and he is out with 5% of equity, for the time he worked at the company.


He is going back to Brazil in August 28.


After the board meeting three days ago, he blocked our company emails and changed the password. The email domain is in his personal account and we have in our company contract that he was supposed to give all these data to the company's name and he neved did that.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Bruno.

Now I understand, thank you for your explanation. You can indeed file suit against him--you have a legitimate basis to do so on grounds of breaching the fiduciary duty that he would owe the other shareholders (as he is damaging the company for failing to provide access), and potentially for tortious interference with the business interest of the company. All of those are civil claims, not criminal--because they are civil claims, it is not enough to demand that the courts pull his passport and not permit him to leave. So while you can sue him, you cannot keep him in the country. Should you end up filing, try to serve him before he leaves, or your would end up having to do so in Brazil, which may prove difficult.

Good luck.

Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 38272
Experience: Run my own successful business/contract law practice.
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