Legal Question in Business Law in Delaware

Re: Contracts

Ed Hoffman's reply to you is right on the mark. Don't delay in interviewing and hiring an attorney to represent you. The most difficult issue, as you can imagine, is proving that the software program was stolen and not independently developed. You will need some pretty good proof of that. Keep in mind that most of these cases are settled at some point, but only after a variety of discovery tools such as written interrogatories and depositions. Call me if you would like to meet and discuss this case.

Re: Contracts

Yes, you need to contact an attorney to resolve this matter as soon as possible. Hopefully, you have evidence of your assertions of ownership.

If you are interested in discussing the case, please contact me through my website at www.incorporatecalifornia.com I have a firm in Texas I work with.

Re: Contracts

If this person actually took your software (as opposed to developing something similar independently), then you have a variety of claims against him. This is true even if he made significant changes to your product.

You can sue for conversion (the legal term for what we usually call theft), unjust enrichment and copyright infringement. Depending upon how he obtained the software and whether you patented it, there are a variety of other claims you can make. Additionally, California and many other states have laws against unfair business practices which might be very helpful to you.

Can you have your name inserted in the contract in place of his? No, but you can get something almost as good. If you can prove your case the court should impose a constructive trust on the proceeds of the contract, which will mean they end up in your pocket instead of his. Additionally, he should be required to surrender to you the income he has received already. He may also be liable for doubled or trebled damages and/or for punitive damages depending upon the facts.

You are almost certainly going to need a lawyer; even if he is eager to settle you will need professional assistance preparing the agreement.

Feel free to contact me directly if you like. In addition to being an experienced litigator I also have a degree in computer science and was head of computer operations at a commercial bank before I went to law school, so my background meshes well with what you will need.

Re: Contracts

hi. i was going to write a detailed response, but Mr. Hoffman was astute enough to already discuss most of the basic relevant factors. whatever you do, start interviewing attorneys right away and turn this matter over to competent counsel in order to preserve and protect your rights a.s.a.p.

if you have any records relative to ownership and/or development of the intellectual property, i am certain any lawyer you interview will want and need that in order to give you a more complete opinion. feel free to call. good luck.

Daniel King

Law Offices of Daniel King

21700 Oxnard Street, Suite 530

Woodland Hills, CA 91367

818 587-9299

Re: Contracts

Contact me immediately at (619) 222-3504.

Re: Contracts

Anything is possible, but if you didn't follow the rules about protecting your rights, it will be tough and tough luck. You have to have proof of creation, proof of your intent to protect through copyright and maintenence of secrecy, etc. You will have a hard and expensive time 'taking over'. Contact me to discuss the difficulties and costs of doing so. It may be possible, with the right facts, to make a claim and negotiate some compromise settlement of your legal action.