News: Sam Leccia Banned From IPCPR Trade Show

[The EVP]

I'm on Team Sam, lol.

I know not all (or even many) of the fact are out, but it seems to me that Oliva propped the guy up, and now thinks it's unfair that he has "a name" in the buisness. Look, if you train a guy you know he might not stick around, you don't own them indefinately. You can't sue someone for the general know-how they learn on a job, only for "confidential information." If Sam was copying the Oliva V for his first release, obviosuly that would be different.

From Oliva's perspective, they probably feel they created a monster and it got out of control. But that's often what happens when you make monsters. Take your lumps, Jose.

That's not the case. A friend of mine that knows Sam personally has given me some information but this is not the right place for it to come out so I will remain silent and let the information come out in court. It has nothing to do with "creating a monster" or Sam making a name for himself in the industry.

 

[NCost]

I'm on Team Sam, lol.

I know not all (or even many) of the fact are out, but it seems to me that Oliva propped the guy up, and now thinks it's unfair that he has "a name" in the buisness. Look, if you train a guy you know he might not stick around, you don't own them indefinately. You can't sue someone for the general know-how they learn on a job, only for "confidential information." If Sam was copying the Oliva V for his first release, obviosuly that would be different.

From Oliva's perspective, they probably feel they created a monster and it got out of control. But that's often what happens when you make monsters. Take your lumps, Jose.

Non-competes are pretty easily understood. You agree to not compete in the industry for a set time. He agreed and signed the paper. Shouldn't he be held to the agreement? Just sayin, he knew he had X years to not compete. Me thinks he'll lose in court.

 

[majicmerlin]

UNLESS THINGS HAVE CHANGED LEGALLY FROM MY EXPERIENCE THE NC ARE USUALLY ONLY ENFORCEABLE FOR 1 YEAR.:smokingco

 

[Skitalets]

Non-competes are pretty easily understood. You agree to not compete in the industry for a set time. He agreed and signed the paper. Shouldn't he be held to the agreement? Just sayin, he knew he had X years to not compete. Me thinks he'll lose in court.

As majicmerlin alludes to, it's more complicated than that. Basically, courts try to strike a balance between a company's need to protect their business and (especially) proprietary methods and knowledge and a person's need to make a living doing what they know.

So a five year non-compete is almost certainly not enforceable, and it may not apply as a blanket prohibition. So just as an example, if you made high performance sports cars for a company that specialized in that, you might be able to get a court to agree your non-compete didn't apply *at all* if you tried to work for Kia making low-end sedans. You could argue you're not hurting your previous employer's business or using any secrets from there. It would all depend on the details.

No clue what that means in the case of Oliva/Leccia. But the court will very likely make this pretty complicated. It won't come down solely to what is on paper.

 

[tx_tuff]

I'm sure the non compete was just a small part of the contract between the two, we really have no idea what else was in the contract and which side blow it up. Until I know different I'm still in the small guys side.

 

[thegoldenmackid]

A lot more facts are out there, got a dig around.

I'm on Team Edward.

Is this not the Twilight forum?

 

[itallushrt]

small guy vs. big mean company, yawn. Give me a break. All I see are a bunch of folks who don't know shit about the actual situation persecuting one or the other blindly.

All I know is that I enjoyed a great Oliva V lancero last night.

 

[SuprHasan]

Shouldn't this thread be locked like the Pepin/Fernandez thread was? Let them sort it out in court.

Agreed.
No point bitching about who's right and who's wrong before the jury's back, or at all for that matter. The court decides the truth. End of story.