Sign up for our daily briefing

Make your busy days simpler with Axios AM/PM. Catch up on what's new and why it matters in just 5 minutes.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on the day's biggest business stories

Subscribe to Axios Closer for insights into the day’s business news and trends and why they matter

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Stay on top of the latest market trends

Subscribe to Axios Markets for the latest market trends and economic insights. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Sports news worthy of your time

Binge on the stats and stories that drive the sports world with Axios Sports. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Tech news worthy of your time

Get our smart take on technology from the Valley and D.C. with Axios Login. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Get the inside stories

Get an insider's guide to the new White House with Axios Sneak Peek. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Denver news?

Get a daily digest of the most important stories affecting your hometown with Axios Denver

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Des Moines news?

Get a daily digest of the most important stories affecting your hometown with Axios Des Moines

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Twin Cities news?

Get a daily digest of the most important stories affecting your hometown with Axios Twin Cities

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Tampa Bay news?

Get a daily digest of the most important stories affecting your hometown with Axios Tampa Bay

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Charlotte news?

Get a daily digest of the most important stories affecting your hometown with Axios Charlotte

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Lindsay-Rae McIntyre. Photo: Microsoft

Public fights over tech defections are rare, but not unheard of. That said, a dispute over a chief diversity officer is a new one.

Microsoft announced Sunday it hired IBM chief diversity officer Lindsay-Rae McIntyre to fill the same role at the software maker. IBM quickly followed up with a lawsuit, alleging McIntyre was in violation of a non-compete agreement.

IBM's take:

As IBM’s chief diversity officer, Lindsay-Rae McIntyre was at the center of highly confidential and competitively sensitive information that has fueled IBM’s success in these areas. While we can appreciate Microsoft’s need to deal with mounting criticism of its record on diversity, IBM intends to fully enforce Lindsay-Rae’s non-compete agreement – just like we do with all of our senior leaders – to protect our competitive information.

Microsoft's response:

We’re pleased that Lindsey-Rae decided to join Microsoft, both to continue to grow in her career and so she, her husband and their three young children could be closer to her parents and extended family on the West Coast. We have no interest in any of IBM’s confidential information.

The court documents: As spicy as those statements are, the court documents are even sharper.

  • McIntyre rejects the notion that she would be inevitably sharing proprietary information.
"Moreover, it is common for companies in the technology sector to share information about their diversity initiatives, as the goal is to engage in best practices.," McIntyre says in a declaration.
  • IBM, meanwhile, notes that Microsoft has argued in previous court cases that its diversity data and methods were proprietary and needed to be kept out of public view. IBM pointed to this quote from Microsoft from a different case:
"Unsealing these materials would give competitors direct, accurate information as to Microsoft’s diversity and inclusion strategies, and the results of those strategies (both what is working and what is not), which competitors could use in developing their own strategies."

Our thought bubble: Regardless of the legal merits, treating diversity as something to beat other companies on rather than an industrywide goal seems a bad approach. As Patreon's Erica Baker notes in a tweet — it's not a good look.

History lesson: It's worth pointing out that Microsoft is not above using a non-compete agreement to prevent a key employee from leaving for a rival. One may recall the company sued to attempt to keep Kai-Fu Lee from joining Google back in 2005.

Go deeper

Ben Geman, author of Generate
2 hours ago - Energy & Environment

Colonial pipeline hack: Key takeaways from Biden's first energy crisis

Illustration: Shoshana Gordon/Axios

Restoration of the Colonial Pipeline, the huge East Coast gasoline artery, is the beginning of the end of a crisis that prompted a White House logistical and political scramble.

Catch up fast: Late Wednesday afternoon, Colonial began a restart of the 5,500-mile line that shut down nearly a week ago after a ransomware attack.

New Jan. 6 body camera footage shows Trump supporters attacking officer

New body camera footage obtained by CNN shows the moment a DC police officer was brutally attacked by Trump supporters during the Capitol Hill insurrection.

Driving the news: The release of video comes a day after Republican members of Congress sought to downplay the Jan. 6 events, with some lawmakers calling the rioters "peaceful patriots" and comparing them to tourists.

Mike Allen, author of AM
4 hours ago - Politics & Policy

Liz Cheney's plan to take on Trump

Cheney speaking to reporters after being removed as GOP conference chair yesterday. Photo: Kevin Dietsch/Getty Images

Rep. Liz Cheney (R-Wyo.) plans to make her purge the beginning of a new movement, with campaign travel, fundraising and speeches to challenge Donald Trump for ideological dominance of the GOP.

Driving the news: Sources in Cheney's camp tell me her message will be the importance of the truth, the need to move past Trump, and a push to articulate conservative policy and substance to combat Democrats.