RSSIBM, Apple resolve Papermaster matter
The problematic hiring of former IBM executive Mark Papermaster by Apple last year which resulted in a messy non-compete lawsuit has been resolved out of court.
I had been following the suit because of the potential implications over non-competes, a staple of IT industry hiring practices. Traditionally, at least out here on the West Coast, non-competes have been difficult to enforce, so the relative success of IBM in tying up Papermaster's migration to Apple was something of a surprise (an unwelcome one for employees, a welcome one for employers). I half expected an out-of-court settlement, which generates no precedent and results in no legal determination and so has no major implications for similar cases which may arise in the future. But the apparent strength of position which allowed IBM to negotiate a settlement in which Papermaster's employment is delayed by six months or more and concessions are made by Apple to allow ongoing verification of Papermaster's compliance with IBM confidentiality certainly points to more leverage available to the employer than might previously have been presumed.
Papermaster’s employment is delayed by six months or more and concessions are made by Apple to allow ongoing verification of Papermaster’s compliance with IBM confidentiality certainly points to more leverage available to the employer than might previously have been presumed.