I was hired by a sole proprietor as a consultant in September, to help him take a business concept and develop it into a start-up. He had me sign an NDA before he released any details, and before my consulting began, I had him sign a consulting agreement, which included language that stated all previous agreements would be null and void. By October, I was asked to become a partner. I was told I would not need to make any commitments--this would be a "spare opportunity" for me, according to him. So I accepted and several times asked for a partnership agreement. I even sent him drafts. He never signed but agreed over email in principal.
It became clear to me that he was basically using my skills to turn his concept into a website, a business plan and even 2 patents. At the same time he was a complete jerk and by December I had decided it was stupid for me to subject myself to his abuse and, having spent 3 months doing the vast majority of the work, I copied all of the files on the website and started a similar business for myself.
Now he wants to take me to court for stealing his ideas. However, he simply had a concept, which I developed into something actually tangible and functional while a partner. I had new enhancements to his basic concepts which I brought to the business. He was literally lost without me.
So do either of the agreements signed for my consulting hold any legal water after my status changed from consultant to partner? As a partner, don't I have equal rights to the intellectual property held by the company, or are my rights based on what I produced?
It became clear to me that he was basically using my skills to turn his concept into a website, a business plan and even 2 patents. At the same time he was a complete jerk and by December I had decided it was stupid for me to subject myself to his abuse and, having spent 3 months doing the vast majority of the work, I copied all of the files on the website and started a similar business for myself.
Now he wants to take me to court for stealing his ideas. However, he simply had a concept, which I developed into something actually tangible and functional while a partner. I had new enhancements to his basic concepts which I brought to the business. He was literally lost without me.
So do either of the agreements signed for my consulting hold any legal water after my status changed from consultant to partner? As a partner, don't I have equal rights to the intellectual property held by the company, or are my rights based on what I produced?