Legal Question in Business Law in California

Re: 2.5 MILLION in Orders from Well known company Fired After I developed biome

Yes, this is something we might be interested in taking on a contingency basis. However, before agreeing to anything I want to meet with you and review all of your documentation.

It is likely that the controlling document will be your partnership agreement and/or LLC operating agreement.

Your partners owe you and the LLC fiduciary duties to operate in good faith. It sounds, based upon the facts that you have given, that they have breached those duties and used LLC/Partnership assets (the biometric product(s)) for their own benefit to your and the LLC/Partnerships' detriment. That is generally not permissible.

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Re: 2.5 MILLION in Orders from Well known company Fired After I developed biome

There are many potential causes of action in this case. I have handled many such matters before!! I would need to review all of the documentation relating to the partnership/LLC before accepting this case on contigency. A big factor would be whether any of the defendants have assetts to go after, and whether they are bankruptcy risks. If we sued for Fraud than that would not be discharged in bankruptcy if we won. In anycase you can call me to set up a free consultation at 818-342-8020 x1 and check out our website at http://www.norman-law.com

Re: 2.5 MILLION in Orders from Well known company Fired After I developed biome

Potential defendants in your case may include the former

partners, who with you formed the LLC that then used your

money and labor, then ousted you, along with their new

company and the transferee of your finished product.

If any of them have assets that are worth the bother,

then your case likely has good potential for

breach of fiduciary duties, missappropriation of company

assets, and other claims that can yield not only

actual damages but punitive damages as well. But, if

the defendants have no money, there is nothing to pursue.

Although I no longer engage in litigation practice (I retired

for medical reasons after being a partner in a 700 lawyer firm), I know lots of lawyers

that would potentially take such a case on a contingency basis, if you are located in

Southern California.

Re: 2.5 MILLION in Orders from Well known company Fired After I developed biome

There is extensive case law covering breaches of fiduciary duty and specific duties such as the duty of loyalty in the corporate setting. It is less clear what the ground rules are for members and managers of limited liability companies, largely because this is form of business organization is a recent innovation.

Nevertheless, it is quite likely that you would prevail on at least some of the claims you listed above, and probably others that you didn't list. Essentially, the law frowns on people engaged in a business together taking advantage of one another, whatever the legal structure of the business. The main potential obstacles to being made whole are the quality of your evidence in support of your claims, lack of depth of the other side's pockets, and any valid defenses they may be able to raise.

An aggressive legal strategy would include the ex-partners' new employer as a defendant. Business tort cases such as this are often taken on contingency when the size and likelihood of the potential recovery make it a worthwhile risk for the attorney. The attorney would need to take a careful look at the facts before agreeing to a contingency basis.