5 years back, I helped someone in USA in a business project feasible in India . I helped in some financial calculations and creativity of the business model. We also competed in a college business competition representing the project. For my help, the person paid me $5000 five years back, and he has proof of that.
1 Year before, he executed the project in India. The company is also Indian, and the business has nothing to do with USA. Business is not selling any product/service in USA. It's all based in India and Indian market. My question is that, can I sue the person for not issuing me any shares and not giving me a seat in board of directors of the company? I have also signed an MoU which states that I'll have no direct or indirect relationship with the company 5 years back.
I'm not sure that you can sue this company in any jurisdiction, as it is not totally clear why you are entitled to shares and a seat on the board.
It sounds like you were involved in a business 5 years ago and got paid for your work. It does not sound like you have any ownership or directorship rights in the business.
Am I missing something here?
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Contracts / Agreements Lawyer
Unfortunately it doesn't seem like you have a cause of action unless you can prove you were expressly promised shares in the company. Even then, it will be tough to sue an Indian company in an American court if there is no principal place of business or headquarters in America.
International Law Attorney
This may be an interesting case of transnational litigation. It may be. From what you say you may have some grounds to explore: (1) the 5 years old agreement you entered into with him; (2) the new agreement, if any, you have reached with him; (3) any non compete agreement you reached - or you did not - with him.
Ultimately, you (I mean the attorney you are going to select) need to find a jurisdictional link justifying a cause of action brought under US law in a US court. Something not easy here only because more facts are needed. My recommendation is to work with an international firm. Best and good luck.
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