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Old 08-21-2010, 05:04 AM   #148
Gwaihir
The Windlord
Gwaihir began at the beginning.
 
Posts: 119
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Join Date: Jun 2009
Location: Netherlands
Device: iRex DR1000S, BeBook Club S
Quote:
Originally Posted by mgmueller View Post
Same people, same area of products, maybe even same residence = legal successor.
This very often happens in outsourcing projects, for example: Company A replacing their internal resources by outsourcer B. The former employees of A can insist on being hired by B (even if this means higher costs or firing people from B's original pool) because it's the same job.
I think that's a rather different area of law. That is meant to protect employees and customers from a company trying to wiggle out of legal obligations by moving work and / or responsibilities to another company. Chapter 11 may be a bit of a grey area here, but when a company really goes bankrupt, as iRex has, this sort of thing does not apply anymore. A newly started company can just go to the bankruptcy's receiver and negotiate for exactly those assets they like (and no more, no other ties).
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