1, 2, 3, and now…
Moniker founder Monte Cahn has filed a third amended complaint against his former employer Oversee.net.
The third amended complaint (so that’s four in total) is in response to the judge dismissing several claims against Oversee.net and on Cahn’s depositions of current and former Oversee.net employees.
He reinserts claims for accounting, fraud, and conversion. He essentially says that Oversee.net conspired from the beginning to not have to pay him any part of his $13 million incentive plan. Oversee.net argues that it’s merely a breach of contract case and that it doesn’t owe Cahn anything from the incentive plan.
The latest complaint (pdf) includes a few details that I don’t recall from previous versions:
1. New detail about why TrafficClub would not work for Oversee since the company had a contract with Google. (In his motion to dismiss the judge said more details were necessary to include this in the complaint.)
2. Cahn alleges that former Oversee.net CEO Lawrence Ng said Oversee.net would increase Moniker’s staff to 36.
3. Discusses how in 2007 (pre-merger) Oversee canceled its contract with TrafficClub and tried to “poach all of TrafficClub’s customers”. This was a highly public spat between Oversee and Moniker at the time.
Josh says
Maybe I am confused but if I see an inability to succeed even prior to signing an agreement to perform or very early on, so essentially I know I will not be able to perform, can I complain later when I fail?
It seems to me he had warning signs and or prior knowledge that he wouldn’t be able to (at least according to him) perform for said bonus. Do I make any sense here?
Josh says
Shouldn’t have hit enter, sorry….
So when I look at his reasons (or some of them) like google contract, employee size and the poaching incident as reason he was unable to meet the bonus, didn’t he know of some of these events before or very early on?
just sayin…
Andrew Allemann says
I do find the mention of DomainSponsor poaching TrafficClub customers rather interesting. This happened before the acquisition, so I would assume it was water under the bridge by the time Monte joined the company. Perhaps it’s just to shed color or Kupietzky’s alleged actions.
Mr. Determined ! says
Now thats what I call persistence & determination !
Jim Holleran says
I have known Monte for many years, and he is one of the most highly respected guys in the industry, a class act!!! He has always done things the right way!