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Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

cases.justia.com

71–80 of 442 posts

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#71
post #19

> The CEO settled on a new plan: Hooked would “sell” three engineers to Apple... Hooked’s CEO pitched the idea to Apple, providing background information about the engineers and sending their resumes. Apple responded that it might consider paying a “finder’s fee”... Even if was inclined to take Hooked's side on this, it was a huge mistake to send information about those engineers without an existing agreement. (Also:…

As a small partner in a very small company that has been "poached" by huge players, I came to this post fuming.

But after reading that, my sympathies vanished...

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#72
post #50
post #2

"That evidence does suggest the engineers drew on knowledge and skills they gained from Hooked to develop a product for their new employer––but California’s policy favoring free mobility for employees specifically allows that. (See Whyte v. Schlage Lock Co. (2002) 101Cal.App.4th 1443, 1464 [rejecting the “inevitable disclosure” doctrine, under which a claim for trade secret misappropriation is stated if an employee’s…

Labor mobility is really low in Europe. In france you can be tied up in litigation (tribunel through appeals) for 10 years easily on an employment termination (my info is from 2016 time frame so may be dated). There is no such thing as at-will employment. Also, noncompete's are weird. If someone is receiving full pay on gardening leave they can work for someone else. If you instead have them work till end of notice p…

>Labor mobility is really low in Europe

Like the other comment mentioned, this is a very France-centric description - in the Netherlands, for example, you can't block workers from leaving their company in this way.

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#73
post #56

Once the employees know that their CEO is "shopping" the company, it seems like the CEO should have known they would be looking towards the exits (unless, of course, they had lots of equity which would turn into $$ once the acquisition happened, which case they would likely stay put). It was not only kind of sleazy to try to, essentially, sell your employees to another company as if they are your property, but also n…

It was Apple that ultimately backed out of the "acqui-hire", not the target company's CEO. Edit: Nope, I was wrong here. I think the rest of this comment is still relevant though. And for all we know, it may have been her investors that encouraged (demanded?) her to go the route of "selling" the employees[0]. It appears the company would be winding down and they stood to benefit by recouping some of their investment.…

Not what it says, direct quote: "Hooked’s CEO declined, saying there were other acquisition possibilities she would like to see play out."

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#74
post #19

> The CEO settled on a new plan: Hooked would “sell” three engineers to Apple... Hooked’s CEO pitched the idea to Apple, providing background information about the engineers and sending their resumes. Apple responded that it might consider paying a “finder’s fee”... Even if was inclined to take Hooked's side on this, it was a huge mistake to send information about those engineers without an existing agreement. (Also:…

Is it that hard to find out who the engineers are?

Or is it somehow illegal to target other business's engineers for employment?

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#75
post #3
post #2

"That evidence does suggest the engineers drew on knowledge and skills they gained from Hooked to develop a product for their new employer––but California’s policy favoring free mobility for employees specifically allows that. (See Whyte v. Schlage Lock Co. (2002) 101Cal.App.4th 1443, 1464 [rejecting the “inevitable disclosure” doctrine, under which a claim for trade secret misappropriation is stated if an employee’s…

I don't understand why there is no Silicon Valley in Europe then

IMHO it is much more connected to lack of capital.

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#76
post #73
post #56

Earlier quoted context omitted.

It was Apple that ultimately backed out of the "acqui-hire", not the target company's CEO. Edit: Nope, I was wrong here. I think the rest of this comment is still relevant though. And for all we know, it may have been her investors that encouraged (demanded?) her to go the route of "selling" the employees[0]. It appears the company would be winding down and they stood to benefit by recouping some of their investment.…

Not what it says, direct quote: "Hooked’s CEO declined, saying there were other acquisition possibilities she would like to see play out."

Right you are. I stand corrected on that point. I think the rest of the comment is still valid.

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#78

Sounds like a few engineers found out that Apple was looking into their company and knowing Apple was interested they took a new gig, meanwhile the CEO got upset and decided to fire the last remaining defecting engineer, who out of goodness of heart actually declined Apple, but gratefully took the offer once he got fired. Although it probably hurts to have your team poached, it sounds like potentially it wasn't a gre…

We should rid of the term 'poaching'. There's no such thing. We're not animals, we are free to accept a better offer it comes along. The CEO should have counter offered with something more substantial, but he couldn't so the engineers went to greener pastures.

At the same time how can smaller companies compete with large companies if they can’t match salaries?

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#79
post #50
post #2

"That evidence does suggest the engineers drew on knowledge and skills they gained from Hooked to develop a product for their new employer––but California’s policy favoring free mobility for employees specifically allows that. (See Whyte v. Schlage Lock Co. (2002) 101Cal.App.4th 1443, 1464 [rejecting the “inevitable disclosure” doctrine, under which a claim for trade secret misappropriation is stated if an employee’s…

Labor mobility is really low in Europe. In france you can be tied up in litigation (tribunel through appeals) for 10 years easily on an employment termination (my info is from 2016 time frame so may be dated). There is no such thing as at-will employment. Also, noncompete's are weird. If someone is receiving full pay on gardening leave they can work for someone else. If you instead have them work till end of notice p…

And then, you have Indian government jobs.

  Indian civil servant finally fired after epic 24-year absence
https://money.cnn.com/2015/01/09/news/india-civil-servant-fi...

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#80
post #78

Earlier quoted context omitted.

We should rid of the term 'poaching'. There's no such thing. We're not animals, we are free to accept a better offer it comes along. The CEO should have counter offered with something more substantial, but he couldn't so the engineers went to greener pastures.

At the same time how can smaller companies compete with large companies if they can’t match salaries?

Huge equity stakes. Huge. Not "align incentives" level stakes. "Google's chef has $26 million" stakes.
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