Yes, that makes sense but maybe I did not ask the question properly.
in addition to the material breach of contract - this company requested extension of services from my company (some of which may be intellectual property) whose compensation is not covered by the contract but gave promises of a new contract negotiation.
Now, the company in breach, has requested us to stop doing business preventing us from seeking compensation from these extension of services and they are refusing to renegotiate a new contract. Them asking us to stop immediately is the breach of contract, however the compensation loss here extends beyond the compensations covered in our agreement.
Does my question make sense?
Can you explain this "Then if there is a matter where you are being hindered in being able to conduct business because of another reason, then you can sue based on that. But you have to begin with the arbitration."
There are a number of reasons where I am blocked from doing business. What qualifies as a 'another reason' and how would that allow me to sue? Not sure I understand your answer. thanks for the help so far.
if it helps I can chat on cell or skype.
Sam - still do not understand :(
Not sure what you mean by 'black balled' or what the 'it' is that cannot be based on defamation.
1.)Company asked me to develop product for marketplace. Product is now companies lead focus. This is not covered by the terms of my contract I just have a sales agreement- but agreed to do it because my contract is of a sales nature and commissions from selling product would be extensive and I was promised sales exclusivity + equity in top line talking points before re negotiation.
2.)CRO of company has systematically been blocking my sales efforts (my only chance to recoup) and has now informed me he is leading sales with this product.
3.)I have now been asked to disengage immediately, which is not only a violation of contract, but prevents me from finding compensation on product development that was never covered in our agreement.
There are other violations, but that is the core argument that is supported by written email exchanges between parties
THank you sam! I am going to give you a good rating - but I also have one or two additional questions about the arbitration process in general. Can I rate you now and continue to ask you a few more questions? I just signed up for a membership premium after I requested your services so I assume that is covered, yes?
oh nice :) never used this service before and my attorney is till on vacation and trying to wrap my head around this.
okay, so here is my question regarding arbitration. It's a business to business contract, I have a corporation in CA, they have an LLC in NYC.
Is binding arbitration here something I should be worried about or does it limit or hinder my progress is seeking restitution as a volume loss seller?
I have received no compensation or salary from this company and agreed to enter into this relationship on a commission only basis and share the risk, since they are a start up. I actually have taken a financial loss.
They have big money behind them. You can see that them canceling this agreement and thus removing my ability to find compensation for 9 months work (we were unable to go to market until July 1st) is upsetting.
There is clear evidence of the breach and everything i mention here, I just need to know if the arbitration process limits my ability to maintain a strong position from a legal perspective working this through with them.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).