Startup Litigation Defense Post 101

Andrew Greenstein, counsel at Knight Capital, suggests in his
Three Quick Steps To Avoid Startup Death By Trade Secret Misappropriation Lawsuit“, the following:


1. I hereby confirm that I have not retained any documents or information relating to the business of any of my prior employers, in any form (including personal email and electronic files), that I obtained in my role as an employee of my prior employers.

Confirm  Unable to Confirm 

2. I hereby confirm that I have performed a search of my home computer, hard drives, USB drives, email, and paper files to confirm that I do not possess the information described above.

Important: If you need to perform a search before completing this document, please inform [NAME] so that you can do so.

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3. I hereby confirm that I have not disclosed or used, and that I will not disclose or use, any non-public documents or information relating to the business of any of my former employers during my work at [COMPANY].

Confirm  Unable to Confirm 

4. I hereby confirm that I am not subject to an agreement that prohibits me from working for a competitor of any prior employer.

Confirm  Unable to Confirm 

District Court Iowa Rejects Acclimatization Hague Child Abduction Defense in Less than 1 Year Abduction Scenario

My latest post on Hague Child Abduction practice here, with full text of December 13, 2013 marked up for emphasis.

Of particular importance:

Mr. Medina argued that the United States is the children’s “habitual residence” because the amount of time that the children have spent here is a substantial part of their lives. Mr. Medina clearly cannot rely on the length of the children’s stay in the United States after their allegedly wrongful retention on February 2, 2013, as establishing that the United States is their “habitual residence.”

HarvardLaw74 on Twitter November 17

RT @AlleyWatch Structuring Your Financing as the Purchase and Sale of Convertible Notes: #startups #hl74

“Generally, if the company and investors can agree on the pre-money valuation and therefore the price per share, there is no reason not to do an equity financing. You should be able to get through the other terms; valuation is often the most difficult term to negotiate. Convertible notes can be very useful when there is great disagreement between the company and the investors over the pre-money valuation of the company. It allows the company and investors to bridge the valuation gap. The valuation is not set, and so the company and the investors can still do a deal.”