IBM has apparently moved to block a second strategically important employee from joining a systems competitor. The giant is reportedly suing to stop former mergers-and-acquisitions chief David Johnson from joining Dell, the world's joint second largest provider of PCs. IBM claimed Johnson's new position at Dell violates an …
Watse of Court Time and Legal Fees
'....with the companies agreeing Papermaster "shall not use or disclose any IBM confidential information." ..'
Isn't that what Papermaster agreed to do anyway as part of his normal contract termination terms?
Bet the lawyers loved that?
The suit was settled in January, with the companies agreeing Papermaster "shall not use or disclose any IBM confidential information."
Bet they still got their massive fees paid though!
Companies can't really stop top execs working for similar companies though can they?
If I was this guy I would counter sue and say that IBM are preventing me from earning my multi-million $ salary + Bonus + shares, give me some compensation!
The Systemic Endemic Flaw Guaranteeing Meltdown and Collapse?
Sprinkle some Guantanamo Dust over the Play. It appears to be the US IP Blockade Mechanism.
Surely Non-Compete type clauses are a Violation of Human Rights specifically designed to extraordinarily render an Ignorant Advantage to an Arrogant ...... Ogre?
So much for that Bastion of Free Trade and Land of Can Do Dreams.
A Bubble Burst and being Burst from Within because of its Selfish Incestuous DNA Profile?
The key here isn't for IBM to win, but to slow down the hiring process.
The information these key executives have is time sensitive. If you can get them to delay their hiring by 6 months, then the effort was worth it.
Just FYI... in some of these contracts there are two or more clauses that restricts where you can go to work post IBM... One clause is overly restrictive and worthless. The second clause usually contains one or two companies and is probably enforceable.
As to the lawyers, they are in house counsel so their fees are paid whether they go to court, or sit around in the break room.
<quote>The suit was settled in January, with the companies agreeing Papermaster "shall not use or disclose any IBM confidential information."</quote>