Miscellaneous

“The thing to fear is not the law, but the judge” Russian Proverb Non Compete Agreements. The need to “spin” a litigation outcome to try to persuade the public that you won appears irresistible to large corporations. However, it’s hard to keep a straight face reading Microsoft’s pronouncements about the Seattle state court’s September 13th decision in Microsoft’s suit against Google and Dr. Kai-Fu Lee, until recently “the face of Microsoft in China.” Believe me, when your former employee is able to show up to work for your competitor the day after the decision on your preliminary injunction motion to enforce a non compete agreement, you have not won. The fact is, a preliminary injunction seeking to enforce a non compete agreement is always highly uncertain. Some judges view non compete agreements as just another contract, to be enforced as written. Other judges have an almost philosophical antipathy to non competes, and will bend over backwards to find any reason not to enforce them. They believe that people should be free to work wherever they wish, and they rule accordingly. The Seattle judge appears to fall into the second camp. Microsoft learned this when it tried to enjoin Dr. Lee, now the President of “Google China,” from establishing and staffing a Google development facility in China. Although the Washington State judge initially entered a temporary restraining order against Google and…

Amazon.com “One Click” Contributions to Victims of Katrina can be made Here. The ABA has organized a Hurricane Katrina Disaster Relief page here. This web page states: “The ABA is gathering information from individuals who are willing to provide legal assistance to those in need from the events in the Northern Gulf Coast.” In considering whether to contribute services consider that a recent survey of Americans shows that lawyers have a lower “prestige” ranking than Members of Congress, and are tied with entertainers and actors. If you think this survey may be flawed, consider the fact that real estate agents and stockbrokers ranked last as proof of concept. It might be best for your mental health not to give this survey too much thought if you plan to speak to a jury in the near future.