1. Why was it unclear whether Ward’s pretermination actions constituted direct competition with his employer or were mere planning activities?

2. Suppose that Ward’s planning and development efforts were focused on a product that in no way would compete with Taser’s products. Would such efforts have breached his duty of loyalty to Taser in any way? Explain fully.

Taser International develops and manufactures electronic control devices, commonly called stun guns, and accessories for electronic control devices, including a personal video and audio recording device called TASER CAM. Taser sells its products to the military, law enforcement, corrections, private security, and the general public. [Steve] Ward was employed full-time with Taser from January 1, 2004, to July 24, 2007, and served as Taser’s vice president of marketing during the time relevant to this appeal. He was an at-will employee, and he did not sign any employment contract, non-compete- agreement, or non-disclosure agreement.