Quote Originally Posted by McCaffrey View Post
it seems that any halfway binding restraint is usually conducted at the END of the relationship, and involves compensation for a specific restraint, i.e. loss of income to the party leaving. There is no such agreement in place for me.
That is my understanding of the matter too. It also needs to be very specific in terms of area for example. Your ex partner also needs to be in a position to enforce this restraint. If he's also struggling cash wise, that can be difficult.

What was your ex partners role in the original cc? You seem to have done everything?

As others have said, this is starting to sound a bit complicated and some legal advice may be required.

My unprofessional answers on the limted details available would be that:
- No he can't enforce a restraint of trade.
- He can only take this project away from you by giving Giants a better offer or scaring them off all together. The decision on who to give the project to remains with them.
- Does your ex partner now hold 100% of the original cc or has that since been liquidated? Ultimately the cc probably holds the rights on any creative work done for them whilst employed by them. Networking and proposals are unlikely to be included. I think you would only have an issue if it could be easily shown that you hooked the client whilst in the cc and then left in order to reap the benefits. The fact that the project was only awarded after you left leaves you okay here. Any work you do after you leave the cc is yours, provided you dont use their materials.
- I can't at the moment see why he needs to be paid anything, unless you are leaving something out.
- An "idea" is somewhat a grey area. But designs, video materials, artwork, etc will belong to the cc. Its difficult to comment on the proposal as I don't know what that really consists of.