Posts: 4,582
Threads: 164
Joined: Nov 2006
Reputation:
9
07-19-2011, 08:55 AM
(This post was last modified: 07-20-2011, 02:32 PM by Jimmie the Mum.)
(07-19-2011, 07:08 AM)Skipper the cigar aFISHinodo Wrote: (07-18-2011, 04:25 PM)tafdom Wrote: John, for the first time I'm glad I'm NOT in your shoes. Being a friend of Sam and working for the Oliva's IS a sticky situation. I just hope it's not something stupid like a 5 year ahhh.. but I dont work for Oliva. Still sticky though.
I am torn. Truly. The best outcome would be everyone fires their lawyers and comes to an amicable agreement behind closed doors.
a long shot for sure. seems like a classic case of the little guy vs. the corporation. i'll have to see what happens when all the details come out, but it sure sounds like the oliva's did a great job of covering their azz on all counts, and sam thought he could beat it.
Posts: 19,851
Threads: 1,833
Joined: Apr 2006
Reputation:
50
(07-19-2011, 08:55 AM)scott81425 Wrote: (07-19-2011, 07:08 AM)Skipper the cigar aFISHinodo Wrote: (07-18-2011, 04:25 PM)tafdom Wrote: John, for the first time I'm glad I'm NOT in your shoes. Being a friend of Sam and working for the Oliva's IS a sticky situation. I just hope it's not something stupid like a 5 year ahhh.. but I dont work for Oliva. Still sticky though.
I am torn. Truly. The best outcome would be everyone fires their lawyers and comes to an amicable agreement behind closed doors.
a long shot for sure. seems like a classic case of the little guy vs. the corporation. i'll have to see what happens when all the details come out, but it sure sounds like the oliva's did a great job of covering their azz on all counts, and sam thought he could beat it.
contracts are written by lawyers. It's their job to make the contract worthy. Or as you put it, azz -covered. What good is a non-compete if it doesn't stop the signor or signee from competing?
Jonathan Charles Axisa, my beloved son, 11/7/1979 - 7/8/2010
Ғµ(Ķ Cancer
Posts: 4,582
Threads: 164
Joined: Nov 2006
Reputation:
9
(07-19-2011, 09:27 AM)Skipper the cigar aFISHinodo Wrote: (07-19-2011, 08:55 AM)scott81425 Wrote: (07-19-2011, 07:08 AM)Skipper the cigar aFISHinodo Wrote: (07-18-2011, 04:25 PM)tafdom Wrote: John, for the first time I'm glad I'm NOT in your shoes. Being a friend of Sam and working for the Oliva's IS a sticky situation. I just hope it's not something stupid like a 5 year ahhh.. but I dont work for Oliva. Still sticky though.
I am torn. Truly. The best outcome would be everyone fires their lawyers and comes to an amicable agreement behind closed doors.
a long shot for sure. seems like a classic case of the little guy vs. the corporation. i'll have to see what happens when all the details come out, but it sure sounds like the oliva's did a great job of covering their azz on all counts, and sam thought he could beat it.
contracts are written by lawyers. It's their job to make the contract worthy. Or as you put it, azz -covered. What good is a non-compete if it doesn't stop the signor or signee from competing?
yes, that would make for a pointless non-compete. i actually hope for the best for all parties involved, but it certainly sounds like the oliva's have the upper hand (they should, from my understanding of the situation) but i hope they come to some sort of amicable solution, one that allows both parties to continue to put out a great product.
Posts: 10,488
Threads: 488
Joined: Aug 2007
Reputation:
23
07-19-2011, 02:15 PM
(This post was last modified: 07-19-2011, 02:16 PM by tafdom.)
(07-19-2011, 07:08 AM)Skipper the cigar aFISHinodo Wrote: (07-18-2011, 04:25 PM)tafdom Wrote: John, for the first time I'm glad I'm NOT in your shoes. Being a friend of Sam and working for the Oliva's IS a sticky situation. I just hope it's not something stupid like a 5 year ahhh.. but I dont work for Oliva.
ahhhh You meant to say you don't get paid cash by Oliva! LOL
http://www.youtube.com/watch?v=242H7F8DK...re=related
.
We cross our bridges when we come to them and burn them behind us, with nothing to show for our progress except a memory of the smell of smoke, and a presumption that once our eyes watered.
Posts: 39,630
Threads: 2,365
Joined: Apr 2007
Reputation:
111
well I'm sure there will be an out of court settlement at some point in time.
But at the moment, Sam signed it and kudos for Oliva in making sure he lives up to what he signed.
All of a sudden it's Sam and his family and I guess Oliva can say it's also their family that's being affected.
At the end no one wins.
I will say Oliva makes a cigar that I will always smoke. Sam's a nice guy and I wish him luck. It was his option to sign or not to sign a non compete.
Oliva protected their brand and their company and one cannot fault them from doing that.
Posts: 1,199
Threads: 72
Joined: Oct 2008
Reputation:
6
What was the AVP slogan? Whoever wins we lose?
Getting good product to the consumer should be the number one thing for both parties. I guess I can see it from both sides bujt I've always heard how everyone in the industry are friendly and what not. I know around my parts, B&Ms are really good friends with one another. I think what Sam plans to put out will probably be good and thus, we, the consumers, would benefit. But because of stupid legalities and stuff we're getting the shaft. Sam shouldn't have signed it, but as the proprietors of a business that is close knit and often attacked, shouldn't the Oliva "family" really want what's best for the cigar smokers of the world?
Posts: 8,743
Threads: 499
Joined: Apr 2006
Reputation:
36
Olive put up the cash, Sam signed up for that and what came with it.
Like T, I wish the days of the handshake were back, but if Sam had shook hands on the deal would he now be breaking his word?
The reason the hand shake no longer holds sway is that it comes down to honesty and integrity, then, should things go South, it's one mans word against another.
Sam will debut, with the backing of an Oliva competitor, and be a success, and Oliva will continue to put high quality cigars on the Market and continue to be a success.
We, the consumer, will benefit in the long run.
The 2 most important days of your life are: The day you were born & the day you find out why
Posts: 14,933
Threads: 399
Joined: Jun 2007
Reputation:
40
Obviously there are enough points of doubt to go to trial... so we will find out when this whole thing is over.
A contract was signed by both parties, and now they have to figure out who held up their end of the contract, who didn't, and whose side will prevail.
I don't know any more than anyone else does about the situation, but one thing that kind of stuck out was all of Sam's sycophants blindly falling in behind him and badmouthing Oliva and trying to organize a boycott. This reminds me of the people that were busy saying that Nubs were the best smoke ever, etc. before they had even tried them and before they were released.
The outcome of this shouldn't have an effect on me anyway... I smoke a few Oliva products, but I don't smoke Nubs. I probably won't smoke Sam's products either since he seems to be continuing with the obscene ring gauge trend.
We shall see...
Posts: 19,851
Threads: 1,833
Joined: Apr 2006
Reputation:
50
(07-20-2011, 08:51 PM)MaytagMan Wrote: Obviously there are enough points of doubt to go to trial... so we will find out when this whole thing is over. interestingly enough, anyone can sue anyone... A judge may toss it out, but you have the right to bring anyone to trial for anything.
(07-20-2011, 08:51 PM)MaytagMan Wrote: A contract was signed by both parties, and now they have to figure out who held up their end of the contract, who didn't, and whose side will prevail. I'm anxious to learn all the as yet "unknown" points.
(07-20-2011, 08:51 PM)MaytagMan Wrote: I don't know any more than anyone else does about the situation, but one thing that kind of stuck out was all of Sam's sycophants blindly falling in behind him and badmouthing Oliva and trying to organize a boycott. This reminds me of the people that were busy saying that Nubs were the best smoke ever, etc. before they had even tried them and before they were released. I couldn't agree more. And yes, as Jimmie pointed out, there are other families involved too. Now, I'm not saying Sam is better off or worse off that the Oliva's. I'm just agreeing with you to the max. Best to sit and wait before trying to inflict pain on who may turn out to be innocent or even perhaps a victim.
Jonathan Charles Axisa, my beloved son, 11/7/1979 - 7/8/2010
Ғµ(Ķ Cancer
This topic did come up interesting enough while we were talking to Dave Wagner. One of the magazine industry guys made a comment. I just looked at Dave and grinned and said "no comment". Dave said thanks. I told Dave that Oliva has always been good to me and this was none of our business and we don't need to have it come up again.
|
