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In an information economy, knowledge is power. It's also a fiercely protected commodity. That's why more companies are requiring noncompete clauses when hiring employees, and sometimes clashing in court when an employee leaves for a competitor.

The battle between Microsoft and Google Inc. over executive Kai-Fu Lee exemplifies the issue. Earlier this month, Microsoft won a preliminary injunction in a Washington state court against Lee and Google that prevents the former Microsoft exec from working for Google on products or services related to search and speech technologies until the full trial in January. The ruling fell short of a complete victory: Judge Steven Gonzalez found that Google's use of Lee to recruit staff for its operations in China doesn't violate the employment agreement Lee signed when he joined Microsoft.

Both Microsoft and Google hailed the decision as a victory. So who lost? According to a labor attorney, skilled employees have.

For them, "it's pretty much a lose-lose proposition," says Stephen Fink, a partner at Dallas law firm Thompson & Knight LLP. "Most employees who go to their employer and tell them, 'I'm thinking about doing this,' they're not likely to be met with a very favorable reception. On the other hand, if they don't tell their employer, then they get accused, as Lee was, of deception, of hiding his real intentions."

Noncompete agreements aren't recognized everywhere. "California, for all intents and purposes, outlaws noncompete agreements," Fink says. "Had Microsoft been located in California, this dispute would not have arisen." Texas recognizes noncompete agreements only if they're part of an otherwise enforceable contract.

Employees bound by noncompete agreements who want to change jobs should consult with an attorney. If you get a concrete job offer, it's wise to obtain a guarantee that the new employer will defend you in court if necessary.

In fact, even a skilled worker not bound by a noncompete agreement would be wise to seek legal advice if contemplating a change of employment. In some states, companies can sue to prevent the revelation of trade secrets on the grounds that the employee's new position would lead to the inevitable disclosure of those secrets.

There are less adversarial ways of dealing with these issues. "It's more common these days to see noncompetes tied to compensation arrangements," Fink says. Companies that use so-called "claw-back" provisions can, for example, withdraw deferred-compensation options if an executive goes to work for a competitor.

There's also "garden leave," in which an employee remains on the payroll for a certain period of time despite having ceased all duties for a company. The employee is still technically employed, and that prevents him or her from working for a competitor.

The bottom line is that those in possession of premium knowledge or skills may find their employers behaving like a spurned lover when their corporate loyalties shift. Says Fink, "Now the first thing an employer does when an employee leaves is grab the employee's laptop, take it to the IS department, and start looking for evidence that the employee has been communicating with a competitor while still on company time."