I joined an organization that was formed with myself and 3 additional partners. I brought into the company a completely full featured and profitable trading software platform and 2 partners brought trading and operating capital (30% equity in the main company). One partner was given a small percentage (10%) for doing various accounting detailed work. We began being operational and trading and were losing a little and breaking even and then finally began making a little bit of money. I discovered there were problems with windows 2008 server that I didn't notice that was causing issues with our price servers that was causing our problems with periodic losses. Now I have fully documented evidence that I own the source code which all systems are running at the company or derived works from the original source code I own. After I worked very hard and resolving the issues with the software they have subsequently just kicked me out saying we are losing money which we really weren't, didn't pay me monthly salaries for June and now August as they were due on 8/15/2012 and they got rid of me on 8/17/2012. They have stolen my intellectual property that I have never licensed to them or signed ANY document that are even entitled them to utilized the software. Is there any thing I can do about this as I have very limited funds and they are extremely wealthy individuals. I really want to enforce my rights but cannot afford a lengthy court battle. I would definitely give a high contingency percentage just to ensure they don't walk away with my works which is worth minimally $100,000 plus and the current software is making between 4-10 thousand dollars a day now. I have told them through a personal email to the main partner to stop using my unlicensed software until we come to an amicable settlement between all parties but they continue to utilize the software and are continuing to make modifications to the software that are directly derived from my source code that I owned. What do you think are my best options available to me? Do you think I can find a lawyer willing to take this on a contingent basis?Thanks, XXXXX
Country relating to Question: United StatesState (if USA): IllinoisWhat have you tried so far?: Initially emailing them and telling them to stop using my software until we can come to an amicable agreement. The main partners again are extremely wealthy and are just laughing at the entire deal as they feel I won't sue because I don't have the funds to afford an attorney here.
Hi and welcome to JA,
I'm a litigation attorney from NYC and have practiced for 30 years.
I have 2 recommendations:
1. Send them a letter certified mail RRR and regular mail detailing what you said here and
a. Tell them that they unlawfully breached your agreement, express or implied, and unlawfully terminated your association with the company. Tell them that if you don't receive the sum of $X within 10 days of their receipt of the letter, you will commence prompt litigation to enforce your rights. or
b. (IF you want) Retain an attorney to draw up a summons and complaint and send it with the letter. Then tell them if you don't receive a check................you will file the within complaint.
2. Actually start the suit for the breach and money damages. and serve them. Then bring an application to the court restraining them from conducting business until the lawsuit is concluded. Bring it by ORDER TO SHOW CAUSE so the application will be heard in a couple of days.
But this is not legal advice. Please refer to the JUST ANSWER disclaimer and rule on this site. It is applicable even though I am a New York attorney and your question may relate to a NY matter. You have to consult with an attorney in your state and discuss this matter with him or her. To find an attorney, go online to Martindale.com. This is a nationwide directory we lawyers use ourselves to find highly qualified legal specialists in various fields of law. These lawyers are NOT in Martindale because they paid to be included. They are there because they are rated as QUALIFIED by other lawyers in their field of expertise and geographic area as it applies to your kind of case. The process is this: other lawyers are asked to fill out questionnaires giving their opinion of the quality of the work of the law firm that ultimately appears in Martindale.The site is organized geographically and by legal specialty. Consult with two or three and select the one you are most comfortable with. The Martindale listing will have the names of current or past clients. Contact those clients as references for the firm.Please press 3 or 4 or 5 below so that I may get credit for assisting you. Please do NOT press 1 or 2 since that will result in a negative rating for me which you may not have intended If you want further information or clarification, just ask before you accept my answer and give a rating. Also, I ask you to be fair in your rating. For instance, these should NOT have received a negative rating: a. A customer says "I ALREADY KNEW THAT".....but the expert didn't know what the customer knew or didn't know.b. A customer wants to hear "YES YOU CAN".....but the certified legal expert says "LEGALLY…..YOU CAN'T".c. The answer is short, but ACCURATE. A customer simply wants a longer answer.Thank you for reading this and for your consideration. I'm always ready to help further.rich
NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
Ok and I understand this a bit but as I said this just starts my legal meter running as I see it which I cannot afford like they can. I also asked if you think I can get an attorney to take this on a contingent basis as I just see them grinding me with these legal fees and I cannot afford thousands and thousands of dollars in legal bills like they can. They are each multimillionaires and they can easily deluge me with legal bills and I cannot afford this type of expensive drawn out battle. I see them possibly slapping me with frivolous suits of their own just to deluge me with lawyer fees and to make me go away.
I'm just so pissed off and aggravated that they have never given me any type of accounting of how the company is doing during my six months of working there and they can just force me to leave the premises and still just continue to utilize the trading system I brought to the company as it's now their property. They now get to split my 30% of the profits between them so they can get more. Oh to be wealthy and screw the little guy because he doesn't have the money to screw with us.
Again do you think anyone would take this on some type of contingent basis?
We are not permitted by Just Answer to recommend any particular attorney. If we did that, we would be violating our terms of service as a JA expert. So the only thing we are allowed to offer is something like Martindale. It is a huge reference. Make enough calls and you will probably find someone who will take it on a contingency.
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