Gaining a competitive advantage by hiring key employees away from a competitor used to be an every-day occurrence. The practice has rapidly fallen into disfavor as almost every jurisdiction in the United States, including Virginia, has adopted and routinely enforces a cause of action for tortious interference with contractual relationships and business expectancies.

Generally, "the American Rule" governs the awarding of attorney's fees in federal courts. The "American Rule" provides that each party should bear the cost of its litigation and, ordinarily, the prevailing litigant is not entitled to collect reasonable attorney's fees from the loser. Congressional authorization by statute may except to the American Rule and permit a court to require one party to pay attorney's fees to the other.

"Restrictive provisions of this character have been dealt with by courts in almost unnumbered cases.