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Best bankrupt?

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Jamie-NYC
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Re: Best bankrupt?

Postby Jamie-NYC » Sun Jun 18, 2017 3:04 am

Yes, Eleveight is too cute, but the question is who is it? I don't see it as a Best rebirth - Best is not in receivership (yet), and even if it were it would try to relaunch under the same name, which is valuable (obviously more valuable than the name Eleveight). So is Eleveight Peter Stiewe and perhaps other former Best employees? I would think yes but for non-competes, which must be rampant in the industry. Then again, if you haven't been paid, are non-competes nullified? Lots more info needed.

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sq225917
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Re: Best bankrupt?

Postby sq225917 » Sun Jun 18, 2017 9:41 pm

Just to reiterate, BEST haven't gone under yet. Seb might yet wrestle control away from Javier, which would be great news. I hope he can manage it.

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Toby
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Re: Best bankrupt?

Postby Toby » Sun Jun 18, 2017 10:09 pm

So who can be blamed for the problems, Javier or Seb?
And why?

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Re: Best bankrupt?

Postby iriejohn » Sun Jun 18, 2017 11:03 pm

Jamie-NYC wrote:
Sun Jun 18, 2017 3:04 am
Yes, Eleveight is too cute, but the question is who is it? I don't see it as a Best rebirth - Best is not in receivership (yet), and even if it were it would try to relaunch under the same name, which is valuable (obviously more valuable than the name Eleveight). So is Eleveight Peter Stiewe and perhaps other former Best employees? I would think yes but for non-competes, which must be rampant in the industry. Then again, if you haven't been paid, are non-competes nullified? Lots more info needed.
(imo)

No, not automatically unless the written contract explicitly states that non-payment would render non-competition clauses null and void. In the event of non-payment a court application would have to be made to overturn non-competition clauses. Although in practice where there is little likelihood of non-competition clauses being enforced people do pretty much what they like particularly where it can be argued that the enforcement of non-competition clauses would be 'oppressive'.

Edit: sp
Last edited by iriejohn on Mon Jun 19, 2017 9:50 am, edited 1 time in total.

longwhitecloud
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Re: Best bankrupt?

Postby longwhitecloud » Mon Jun 19, 2017 12:26 am

interesting - have had a friend overturn non-competition clauses - he went along with it when he sold it but that they were not worth much at all - well to court to start a similar business - instantly overturned..

is the "oppressive" like a right to provide for yourself /your family - i am no expert - just interested

knotwindy
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Re: Best bankrupt?

Postby knotwindy » Mon Jun 19, 2017 12:27 am

So non-payment is not breach of contract rendering it void?

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tautologies
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Re: Best bankrupt?

Postby tautologies » Mon Jun 19, 2017 3:16 am

iriejohn wrote:
Sun Jun 18, 2017 11:03 pm
Jamie-NYC wrote:
Sun Jun 18, 2017 3:04 am
Yes, Eleveight is too cute, but the question is who is it? I don't see it as a Best rebirth - Best is not in receivership (yet), and even if it were it would try to relaunch under the same name, which is valuable (obviously more valuable than the name Eleveight). So is Eleveight Peter Stiewe and perhaps other former Best employees? I would think yes but for non-competes, which must be rampant in the industry. Then again, if you haven't been paid, are non-competes nullified? Lots more info needed.
(imo)

No, not automatically unless the written contract explacidly states that non-payment would render non-competition clauses null and void. In the event of non-payment a court application would have to be made to overturn non-competition clauses. Although in practice where there is little likelihood of non-competition clauses being enforced people do pretty much what they like particularly where it can be argued that the enforcement of non-competition clauses would be 'oppressive'.
Jesus. A no compete in 2017??
I doubt you can enforce a no compete against someone who only knows kite design. It is not slave contracts we're working with here. They are also absolutely bullshit.

When that is said, I think we should perhaps not speculate in to what extent Best is going under..it will make their ability to not go under much much harder.

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tautologies
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Re: Best bankrupt?

Postby tautologies » Mon Jun 19, 2017 3:18 am

Jamie-NYC wrote:
Sun Jun 18, 2017 3:04 am
Best is not in receivership (yet), and even if it were it would try to relaunch under the same name, which is valuable (obviously more valuable than the name Eleveight).
Maybe the name could be "second-Best"?








.....I stole that joke from someone else.

knotwindy
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Re: Best bankrupt?

Postby knotwindy » Mon Jun 19, 2017 3:27 am

The other should have been LEv8 anyway

Jamie-NYC
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Re: Best bankrupt?

Postby Jamie-NYC » Mon Jun 19, 2017 5:07 am

tautologies wrote:
Mon Jun 19, 2017 3:16 am
iriejohn wrote:
Sun Jun 18, 2017 11:03 pm
Jamie-NYC wrote:
Sun Jun 18, 2017 3:04 am
Yes, Eleveight is too cute, but the question is who is it? I don't see it as a Best rebirth - Best is not in receivership (yet), and even if it were it would try to relaunch under the same name, which is valuable (obviously more valuable than the name Eleveight). So is Eleveight Peter Stiewe and perhaps other former Best employees? I would think yes but for non-competes, which must be rampant in the industry. Then again, if you haven't been paid, are non-competes nullified? Lots more info needed.
(imo)

No, not automatically unless the written contract explacidly states that non-payment would render non-competition clauses null and void. In the event of non-payment a court application would have to be made to overturn non-competition clauses. Although in practice where there is little likelihood of non-competition clauses being enforced people do pretty much what they like particularly where it can be argued that the enforcement of non-competition clauses would be 'oppressive'.
Jesus. A no compete in 2017??
I doubt you can enforce a no compete against someone who only knows kite design. It is not slave contracts we're working with here. They are also absolutely bullshit.

When that is said, I think we should perhaps not speculate in to what extent Best is going under..it will make their ability to not go under much much harder.
Non-compete clauses in employment contract are THE way that business is done these days. Is it possible that employment and non-compete contracts were separate? Yes, it is likely possible, but for all employees everywhere I hope that such abominations are non-standard.

I hope that Best stay INTACT (with Stiewe/team together), but with new management, and perhaps new ownership - stronger and smarter hands. But really, if comments on this forum are thought to place Best in greater jeopardy, well, they were already finished.


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