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> Even if Jeremy had signed a stock agreement, he wouldn’t have reached the standard 1-year cliff for founders to vest any equity.

How is someone not fulfilling hypothetical terms of an agreement that doesn't exist an argument that they don't have a claim? "Furthermore, had they signed an agreement stating that they wouldn't get compensation, they wouldn't get compensation. Therefore, they shouldn't get compensation."

That goes both ways though. "well if I had signed that hypothetical agreement that I had some ownership, then I would have some ownership."

I don't think that is true. Intellectual property has value associated with it, and if it hasn't been transferred/compensated then they have some implied ownership.

Specific clauses of a vesting agreement, however, are not implied or 'owed' by default.

That's not true because every standard employee agreement in VC backed companies (and in most other ones) also contains an IP assignment. So if you're going to claim that you would have signed a hypothetical employee agreement, it also would have come with a hypothetical IP assignment.

Right, but he never signed the employee agreement and hence never had an IP or equity assignment.

Legally, this seems far from open-and-shut.

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