That would have resolved this whole issue, if they had thought about it before it really became a problem, no?
The set of shitty situations is unbounded, and therefore so is the set of hindsight legal techniques to avoid them.
This was a particular situation that Kyle & co. clearly knew about, and it could very easily have been prevented. That's very different from an unforeseen legal circumstance that occurs solely due to bad luck or an outside bad actor; they knew Jeremy was with them for the first month, and they knew he left.
Perhaps I was given other advice that was unique to my lawyers. That would be nice, because when somebody got caught out because their lawyers did not give similar guidance, I could congratulate myself on having done the obvious.
Think ahead a few moves. My lawyers did not tell me 'hey you should deal with this situation,' they just told me how best to deal with it after I asked.
I understand Cruise raised over $17M of capital through two rounds, plus the accelerator. In theory that is three stages of due diligence from well-regarded firms in silicon valley who either missed this deal-breaker or gave the wrong advice.
VCs involved included Spark Capital, SV Angel, Felicis Ventures, Signia Venture Partners, Founder Collective, Quotidian Ventures, AME Cloud Ventures, Initialized Capital, Y Combinator, Homebrew Ventures, Maven Ventures, Zillionize, and Flight VC.
Anyway, I'm just trying to inform folks that this is a possibility, and that they should take care of this sort of stuff early. It doesn't take long, and it isn't expensive.
One of the reasons I signed and took your $25 offer was because I wanted to live in a future where I didn't feel massively entitled to someone else's successes. At some point it makes sense to lock in your friendship with your friend-who-you-decided-to-maybe-cofound-with-but-stayed-in-Boston-instead and move on with your life, before money gets in the way.
That said, every story is different. Just because all I made for borski was a silly logo, doesn't mean that this Cruise fellow didn't make a more significant contribution. For better or worse, it looks like that story will play out rather publicly now.
It will be very interesting to watch this play out.