You will have to prove there is enough evidence of fraud before the suit can be filed. Personally i think there is enough between this new company and Brian's public statements toward shareholders. Certain folks here can be deposed later to see if they are full of crap or actually work for Brian. Having more investors is better but an attorney wants to know if its winnable and if its worth his time
If you can get the suit filed everything mentioned in your post will come up during pre trial discovery. But the burden of proof is on you to have enough evidence to file the suit
Double check with your guy but that used to be the law
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