Chicago, IL commercial litigation attorney Peter S. Lubin talks about a memorable covenant not to compete case. He explains that he represents both employees and employers in covenant-not-to-compete cases. In one high-profile matter, he represented a top executive at Motorola who left the company for a competitor after Motorola lost one of its largest clients. The executive had received a send-off from the chairman of the board, who said, “It’s fine, go work for any competitor you want. We’ve lost this business; we can’t get it back.” His immediate supervisor also encouraged him to take a new position.

Shortly after he began his new job, Motorola filed a lawsuit against him and publicized the suit in the press to discourage other employees from leaving. The strategy he employed centered on deposing the CEO of Motorola, who had previously assured the executive that he was free to move on.

Once the judge ordered the CEO’s deposition, Motorola agreed to settle the case on the very terms he had originally proposed before litigation began. The client was extremely satisfied, able to continue at his new employer without facing prolonged or costly legal battles.