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> FYI, yes in a acquisition Uber likely assumed all liabilities, but that would also generally exclude liabilities as a result of criminal acts. That's not tru

> FYI, yes in a acquisition Uber likely assumed all liabilities, but that would also generally exclude liabilities as a result of criminal acts. That's not true at all where the act is done in an official capacity and inures to the benefit of the acquired firm. The entire case is basically that Otto was built upon the founder's stolen tech. If Uber purchased and received infringing and stolen property then they are very much on the hook for all applicable damages, including punitive damages for Otto's egregiously bad acts.

will_brown 10y ago
>That's not true at all where the act is done in an official capacity and inures to the benefit of the acquired firm. If you are suggesting Uber instructed the Otto founder to steal the tech and set up his own shop to be acquired...then, yes Uber would be liable, and while that may be the theme of the case, if there were any real evidence theft of IP was done as an official act of Uber this would already be settled. An employer is generally liable for the acts of its employees done in their official capacity (respondiate superior) the employer will not be liable for criminal acts of its employees. That is unless you can find smoking gun evidence the employer instructed the employee to commit the act, otherwise legally criminal acts are outside the scope of official employment and employers are not liable...the same is true of an acquisition, whereas Otto would have expressly stated they own all IP and have authority to sell the same, which would be a breach and potentially void/invalidate the entire acquisition. Either way, If Uber is infringing IP they can be enjoined, but unless it can be shown Uber instructed the Otto founders to steal the IP or knew it was stolen I think they would be indemnified, assuming that's what occurred.
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will_brown 10y ago

>That's not true at all where the act is done in an official capacity and inures to the benefit of the acquired firm. If you are suggesting Uber instructed the Otto founder to steal the tech and set up his own shop to be acquired...then, yes Uber would be liable, and while that may be the theme of the case, if there were any real evidence theft of IP was done as an official act of Uber this would already be settled. An employer is generally liable for the acts of its employees done in their official capacity (respondiate superior) the employer will not be liable for criminal acts of its employees. That is unless you can find smoking gun evidence the employer instructed the employee to commit the act, otherwise legally criminal acts are outside the scope of official employment and employers are not liable...the same is true of an acquisition, whereas Otto would have expressly stated they own all IP and have authority to sell the same, which would be a breach and potentially void/invalidate the entire acquisition. Either way, If Uber is infringing IP they can be enjoined, but unless it can be shown Uber instructed the Otto founders to steal the IP or knew it was stolen I think they would be indemnified, assuming that's what occurred.

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