Settled! Business non-compete case resolved successfully today. A few points about contractual non-competes:
- Many, many people sign non-competes thinking they will get out of them. There is a rumor floating around the business community that non-competition agreements are not enforceable in Michigan. This is wrong.
- That said, there are attorneys who advertise the ability to negotiate down non-competition claims. Assuming you will be able to negotiate your way out is also a huge risk. It's not much success to pay tens of thousands in attorney fees plus most of the damages you would have paid for the breach anyway.
- Attorney fee claims for breach of a non-compete can outstrip the total non-compete damages. Easily.
- Non-compete is literal. Don't compete. Not a little. Not a middle amount with the assumption that no one will really care. Many businesses must fight non-compete claims to set a precedent.