I was actually surprised when I read that there were portions of this type of behavior that was legal. I completely understand that intellectual property can and should be protected. For instance, you can't have a person working on a project be able to be poached and bring that information to another company. But that is easily achieved through an employment contract.
But I don't see why anything beyond that could be considered legal. It seems to me that these companies should be more than just fined and some people should be criminally charged.
In addition, I wonder if anyone employed by one of these companies could now sue their current or former employer? All this is fictional but would there be a case for saying I was working for X company and not being paid what company Y and Z were paying for a similar position. I saw companies Y and Z were advertising for my position but was continually ignored when I tried to contact them. Due to this I ended up going joining a startup I wouldn't have joined if I was able to market myself effectively to the SV firms in this agreement and lost $32M, got divorced and am now work for 1/2 of what I'm worth. Thus my old company caused me $50M in lost income and $10M in mental distress.
Just saying that if you look at it that way there might be some plausibility that we could see a few cases like this pop-up.
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