My question involves business law in the state of: Michigan
I caught an Ex-Client of mine in violation of our Do Not Compete clause detailed on in the agreement we entered into when we started doing business together. I notified the Ex-Client of my intent to recover the full portion they agreed to pay as part of the Do Not Compete. They involved their attorney right away and I have been going back and forth with them to reach a settlement. I'm confident they want to keep this issue out of court, because the actions of the Ex-Client were very deliberate and would most likely end in our favor if it went to court. However, I'm equally motivated to keep this issue out of court because of the potential time I'd need to invest.
Between the Ex-Client's attorney and myself I believe we've reached a point where no additional dollars will be part of the settlement discussion. Currently, the attorney has only been able to offer me around 50% of what our Do Not Compete asks for. Since I've realized that we're not going to be able to settle on a reasonable amount, it got my gears turning. That is, what might it look like if I ask, as part of a formal settlement, that the Ex-Client post a positive online review on my company?
Part of me feels greasy even going down that road, as I've always prided myself on organic reviews. However, my logic is as follows:
1. Since I'm being asked to settle for way less, this would be a non-momentary form of compensation
2. Since the Ex-Client doesn't have to pay as much, they might be more inclined to corporate
2. By making it a formal request in a settlement agreement, the Ex-Client is less likely to turn around and post a negative review
3. The settlement agreement could also include language banning a negative review
Sounds like a lot of reasons to just move ahead with this idea, but here's where I'm concerned:
1. Could a request such as this be viewed as bribery or something else that would end up having me find myself in a thicker legal battle?
2. Can language like what I'm thinking even be included in a settlement agreement, is it allowed?
3. The mere fact of bringing up an idea like this might cause the Ex-Client to not agree to a settlement at all, and now they know reviews are important to us so they decide to bash us anyway.
I'm hopeful someone can help guide me to make the right decision here. Thanks!