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MenuIf a US-based individual has worked for a Canadian co as a "partner" for years (but never signed an agreement), who retains rights for work completed?
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Before litigating on one another, why don't you instruct your respective legal counsel not to sue, but rather to MEDIATE and come up with a FAIR solution for both parties based on: hard dollars invested, sweat equity and ideas. And before you even spend your after-tax dollars as an entrepreneur to do that, ask yourself: how much money did this business generate so far? If the answer is 0$ you may want to reconsider implicating your lawyers. Maybe you are chasing a FBI (false beautiful idea), but nonetheless you may think you have invested so much time, effort, money and emotions in the project so you don't want to let go. That's ok, but pick a fight that has a REAL prize to win, not some maybe-vague-possible revenue stream, otherwise the only winners will be your lawyers....Litigation: you know when it starts, but never when it will end...
I use LegalShield for all my legal needs. Having firms in Canada and the U.S. Could help you in this case. Feel free to contact me for details.
Related Questions
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How do I deal with a partner/investor that hasn't delivered on his end of things and now wants his money back?
This sounds as a deja vu to me. I have been in a similar situation back in 2000, we could only solve the issue thanks to a good mediator. However every situation is different and hence your route to a solution might be different. It also depends where you are in the world that defines how an email and/or verbal agreement might be a sufficient ground for legal actions. I am not a lawyer and can not judge that.PS
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How can one file an EIN without an SSN/ITIN?
You should retain a lawyer, or another qualified individual, to act as the third party designee for the corporation (if you do not have a partner or co-owner who is a US citizen). The designee should prepare Form SS-4 (Application for Employer Identification Number) and Form 8821 (Tax Information Authorization) for the corporation’s president to sign and return.MM
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From a legal standpoint: an NDA is an agreement - something contractual, and therefore is not limited (by law) to any specific jurisdiction. So, you can select Delaware or California, or India for that matter. From the business aspect, the best jurisdiction to select would depend on: 1. Jurisdictions that are known to be 'friendly' to your type of business. 2. Jurisdictions in which your lawyer is licensed to practice / the cost of lawyers isn't too expensive. 3. Somewhere not to far from where you are physically located - in case you actually have to go to court. Lastly, best to add a required arbitration or mediation clause if you don't have one. Good luckAB
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On paper you have the advantage but after several startups control resides in he who knows how to execute the vision of the company.HJ
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