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Old 04-05-2006 | 10:56 PM
  #22  
elkaddict
 
Joined: Feb 2003
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Default RE: Elite lawsuit.......

I'm anxious to see how this plays out. In my experience, it will be some time before the truth is really known to those outside of the litigation. I've litigated cases like this.As one of the founders, I'd be surprized if there is actually a noncompetition/nondisclosure agreement in place, and if there was one, that it can be found. You'd be surprized at how often such documents sprout legs and disappear when they apply to someone who as access to the storage room. I don't know Oregon law, but in the states where I practice, I suspect a viable breach of fiduciary duty claim is as likely to stick as anthing else given the role he had at bowtech. For the same reasons, the trade secrect area may also prove equally promising. I was astonished late last year when he was publicly lamblasting bowtech and fanning the rumor mill about limb failure rates. Putting aside the legalities, it just isn't good form. Given the way it ceased rather suddenly, I suspect he was warned about the problems he was creating for himself. It will be interesting to see the answer/counterclaim. It wouldn't surpize me to see it sprinkled with hints of all kinds of dirty laundry in a not so subtle attempt to let Bowtech know the dangers of a public battle. I suspect it will further the strong opinions flying around sites like this. I'd really like to know who is bankrolling Elite. I wonder what kind of contingency they planned for in litigtion costs with Bowtech. You got to believe they figured the litigation was coming and some serious coin was set aside. Sadly, if their respective warchests differ greatly in size, you can be out spent in this kind of commercial litigation. Personally, I'd like to see Elite survive this. Although I am a bowtech junkie (my wife accusses me of collecting them--she's wrong I shoot all of them every week!), I think strong competition on the cutting edge of technoogy is healthy for the industry as well as us consumers. I must confess to even having studied their web site with interest and hoping a local shop would sign up as a dealer so I could play around with one. I'd love to play around with another very fast/smooth bow with a reasonable brace height. My allegiances feel lonely at the top of the world!
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