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by hotdamnson 1365 days ago
Would it be actually legal for the Figma owners to sell the company to Adobe, create the new company, say Figma2.0 and create similar(better) product from scratch, also advertise it as creators of original Figma come up with Figma2.0?
3 comments

That depends entirely on the contract with Adobe which almost definitely would prevent that.
It's also hard to imagine the founders _want_ to do that. It is a slog to get a company from nothing to this.

If anything, they probably want to tackle some other problem.

>legal for the Figma owners to sell the company to Adobe, create the new company, say Figma2.0 and create similar(better) product from scratch,

Not possible for this type of acquisition. It was reported that this was a cash+stock deal. The typical acquisition contract means the Figma founders would likely have "golden handcuffs" to stay on as employees of Adobe where their Adobe stock would vest over several years. (Say 4 years.) The contract also means they have a standard "no compete" clause and can't quit and start similar company for several years.

1. Generally the buyer will sue for IP infringement or accessing confidential business data if ex-founders leave immediately after selling the company and build a competing product

2. The buyer will generally put terms in the M&A contract that forbids the main guys of the acquired company from building or working on competing products for a year or two