It seems as if companies
are trying to make the point that stock options are not a "gift',
regardless of how the majority of people currently perceive them.


Skype killed options at the time of their merger.  March McCMMC is attaching
non-competes explicitly to options. Other companies have added hurdles
and performance conditions.

AUSTIN, Texas—Companies can offer employees stock
options in exchange for signing noncompete agreements, said the Texas
Supreme Court on Friday, in a significant ruling involving Marsh Inc.

According to the decision in Marsh USA Inc. and Marsh & McLennan Cos. Inc. vs. Rex Cook,
in 2005 Mr. Cook, who joined New York-based Marsh in 1983, signed an
agreement under which he would exercise stock options in exchange for
signing a nonsolicitation agreement.

The agreement
provided that if he left the company within three years after exercising
the stock options, then for a period of two years after termination he
would not solicit any business of the type offered by MMC nor any MMC
employee for the purposes of competing with the firm.

Less
than three years later, Mr. Cook resigned from Marsh and began to work
for Kansas City, Mo.-based Lockton Cos. MMC filed suit against Mr. Cook
and Lockton for breach of contract and breach of fiduciary duty. Mr.
Cook filed a motion for...