QUESTION
Failure of a licensee to disclose LLC status in contract
Asked on Feb 28th, 2015 on Breach of Contract - California
More details to this question:
I have rescinded a patent license who failed to pay a minimum annual royalty. The licensee failed to disclose at signing that his company was a LLC. Can I go after his personal assets? The name on the contract does not have LLC.
1 ANSWER
2 Awards
Was the agreement with the company or with the individual? I would have to review the agreement to be able to give a concrete response, but if there was an atempt to hide the fact that the business was an LLC you certainly have an argument to breach the corporate veil and go directly after the individual. Based on your description, the contract may allow for that as well directly.
Would be happy to review the contract to let you know where you stand.
Thanks,
Jon
Answered on Mar 01st, 2015 at 9:42 PM