Russell Beck: I would say there has been an overall increase in the use of non-competitive animals over the last 25 years. With regard to duration, it can be seen that the rapidly changing nature of information technology requires a shorter period of non-competition within the national information technology sector. However, most employers don`t like costly and time-consuming litigation. When an outgoing worker has a good relationship with his future former employer, it is possible to renegotiate the agreement. Although she was not employed on September 2, Crampton signed a contract with Agouron Pharmaceuticals on September 29 and began working there on October 5 (C. St.50). On November 10 or 11, Fowler called Crampton, who said he always wanted to make use of his options (C. St.31). *855 On 11 Crampton Fowler asked Fowler to fax her a share option exercise form and informed Fowler that she was employed (C. St.32).
On the same day, Fowler Crampton faxed two forms showing that she was “sending a cheque to Abbott Laboratories in the amount of $125,289.96,” which was noticed no later than November 17 (C. St.34). Fowler wrote a note on the form that Crampton`s exercise was “Subject to Noncompete Verification” (A.Add. St.5). It then reported Crampton`s employment in the human resources department (C. St.33, 40). On November 17 and 18, Fowler received payment for the options (C. St.42, A.Add.St.¶ ¶ 7).
Russell Beck: I think with the increase in the value of trade secrets that are not protected by competition bans and the increase in staff mobility, companies have discovered that they need to protect their information, and the way to protect it is to block employees. Duarte Geraldino: But you have actually defended companies and employers who say that a non-competition clause has been violated.
