WeBuy, Inc., hires Franklin to develop and implement a marketing strategy for WeBuys new online auction site. Franklin signs a contract that includes a clause prohibiting him from competing with WeBuy during and after the employment. Before the strategy is implemented, Franklin resigns from WeBuys employ to market his own auction site to compete with WeBuy. In WeBuys suit against Franklin, what is the most important factor the court should consider in determining whether Franklin should be allowed to compete with WeBuy?