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Ask J.Hazelbaker Your Own Question
J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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HI I left my bank job with a colleague to start our own business.

Resolved Question:

HI I left my bank job with a colleague to start our own business. We had a genXXXXX XXXXXst of clients that subscribed to our newsletter that was sent through the bank. The two of us split up but we kept the list of the people on it. Does he have a right under any circumstances to sue over this list?

We were in the process of forming a LLC, but we parted ways as we couldn't come to an agreement. There was never any agreement about the list. He was my boss at a major wall street firm and as we left we emailed the list to each other. He's said the list is legally his (I'm asking myself but how?). Should I be worried in any way? How could a list of people that received a daily technical analysis letter from the bank be legally claimed by him in any way whatsoever? We both worked side by side and had outside clients opt-in individually to be added to this list that both of us have now. Should I be worried in anyway? Thank you, XXXXX XXXXX want to be 100% sure.
Submitted: 5 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 5 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Based on your description, the only way that he could assert an exclusive right to the list is if purchased the rights to it from your original mutual employer.

J.Hazelbaker :

Based on your description, the party that would have the legal right to the list would be the bank, since the list was generated as, ostensibly, a service provide to certain bank customers, during the term of each of your employment.

J.Hazelbaker :

I stated "purchased" the rights above, but I should clarify that to say "obtained" the rights from the bank. That could occur through some kind of agreement during his employment or upon separation.

J.Hazelbaker :

However, without those rights, neither of you would have a better claim to ownership than the other.

J.Hazelbaker :

Thus, going forward, I would demand to see proof of assignment of ownership from the company prior to relinquishing the point.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer:

Not that I know of as far the ownership rights. Thank you!

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