Following a lengthy discovery process including several depositions, the ex-employer's claims for breach of a noncompete agreement and of fiduciary duty settled.
Ultimately, the challenges faced by each side to the litigation were substantial: on the one hand, during the discovery process, it came to light that the defendants' cell phone communications with each other confirmed that they had been planning - and to varying degrees, had succeeded - in poaching some of their former employer's business, and, significantly, had done so while still collecting a mid-six-figure paycheck from their former employer (rendering them vulnerable to a large damages award under New York's faithless servant doctrine). On the other hand, the primary plaintiff was nearing the end of his life (meaning he would have a relatively narrow window of time to enjoy the fruits of a substantial verdict). Moreover, if the verdict proved sufficiently large, there was a very real risk that the defendants (aside from simply tying up collection efforts with further motions and appeals) could simply declare bankruptcy, leaving him with only cents on the dollar.
