A judge has ruled that Matt Miszewski, a former general manager at Microsoft, will not be allowed to take his new role as senior vice-president for the cloud computing company Salesforce.com. Miszewski could take a new position, one that wouldn't affect his non-compete agreement, or wait until the NCA expires in one year.
Microsoft and its lawyers believe that Miszewski is in "direct violation of his non-compete agreement," and that the Salesforce.com role was "engaged in hot competition over an emerging market that's immensely valuable to both companies". That market is thought to be could computing, something Microsoft has been putting a lot of time into as of late.
Miszewski's lawyers say that enough time has passed since their client worked at Microsoft, so the business secrets he carries are irrelevant.
"To say that a business plan that's a year old is confidential is sort of like saying that the plans for invading Normandy on D-Day were confidential in 1945, a year after they happened," William Cronin, one of Miszewski's layers, argued.
The judge ended up granting an extension to his temporary restraining order against Miszewski, further prohibiting him from contact with the cloud computing company.
"While the U.S. was not his primary responsibility, he certainly did have responsibility for stragedy with regard to marketing to U.S. customers," the judge said during the ruling. "Salesforce is very clearly a competitor of Microsoft in terms of cloud computing, the next big thing."
Another hearing is scheduled for next month, to put the restraining order into writing. You can view the court filing via TechFlash here.