Don’t Let a Vaguely Defined Employment Relationship or a Weak IP Assignment Clause Lead You Into Litigation

Don’t Let a Vaguely Defined Employment Relationship or a Weak IP Assignment Clause Lead You Into Litigation

A fact pattern we see all too often is a former employee claiming an ownership interest in or over software or intellectual property (IP) developed by or for a former employer. Typically, this occurs with the former employee attempting to exploit a real or perceived ambiguity in his or her employment relationship with the employer—i.e., ambiguity regarding the former employee’s status as either an employee or an independent contractor.