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I'm sorry to hear about your situation. Can you tell me what "cause(s) of action" they have pleaded in the papers that you were served?
Understood. Can you tell me what "cause(s) of action" they pleaded in the pleadings? 4
can you tell me whether or not you actually worked on projects or in a role where you would have a conflict of interest as a part owner of the company as well as an employee of the other company?
aside from other districts that outsource these same services, you have a defense to the claims, even that the claims were just patently wrong?
No, that was a question...
That is, "do you have a defense...?"
It's entirely possible that they're trying to get at the "deep pockets" of the new company that you're working at, but taking a "shotgun" approach to the whole matter, (shooting legal pleadings like a shotgun and seeing what they can hit). Understand that in a lawsuit, they are going to be sending out all sorts of discovery requests, such as requests for admission, requests for production, interrogatories, as well as depositions. They might just be pleading these causes of action in the hopes that they actually do turn up evidence of collusion, conspiracy, etc. that does not mean that they actually will, and in a lawsuit they would have the burden of proof to show all of these causes of action actually happened.
again, it is quite possible that they are trying to get to the deeper pockets of your new employer and prevent any trade secret misappropriation, rather than trying to get to you personally.
Ultimately, it's hard to say given what little I know of the situation, and if there is evidence of collusion and conspiracy to drive up prices, there could be potential causes of action against you as employees for a breach of duty to the employer. It's a stretch, and again they would still have the burden of proof of proving these causes of action, but it is possible if the evidence actually bears it out.
Can you tell me if your new company is going to be representing you as well, or if you're going to be getting an attorney to represent you in this lawsuit?
Are you a corporation, LLC, LLP, or a general partnership that is not registered with the Texas Secretary of State?
So it's an LLC. the reason I asked is that if it is an LLC, Corporation, LLP, etc., you would have to have representation to represent you in trial. You would not be able to represent yourself. you should certainly contact your lawyer and see if he/she handles litigation such as this. Often business formation attorneys do not handle business litigation cases, but some do.
I would not say that based on what you told me that they have a strong case, as it does not appear that there was any fraudulent misrepresentation or hiding of matters that would be relevant to the company. Again, it really does depend upon what facts are borne out in the course of the trial, and it could turn out one way or the other. I wish that I could give you more of a definite answer, but at this stage it's hard to say for certain. Based on previous cases that I have dealt with and seen, I would say that it's more likely that they are trying to get the deep pockets of your current company, then actually trying to go after you.
as for the jury trial, there's nothing you can do about that, since it is a right of either party to request. That's not unusual in any situation.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
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I'm not sure what question you answered "yes" to...
I absolutely understand that, all the more so in business litigation.
Not that I can see.
That's correct. And most of the time this is civil, unless it's some sort of obvious fraud (such as a Ponzi scheme, etc...)
But serving in dual roles in the manner that you did, particularly with full disclosure to the employer, is not in and of itself illegal.
Hope that clears things up. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~50 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!
Okay... If your boss knew and there was no fraudulent motive on your part, I don't see how that could be held against you.
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