You are the business manager for Zapco, an electronics repair business. Zapco fixes cell phones, tablets and

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You are the business manager for Zapco, an electronics repair business. Zapco fixes cell phones, tablets and other small electronic devices. Whenever Zapco hires a new technician, Zapco spends $12,000 to send the new technician to a special month-long training program to teach them how to repair these devices. Zapco's main competitor, RepairUSA, has a shop that is exactly 3 miles away from Zapco's shop. Several years ago, one of Zapco's new technicians went through the initial training program, and then 30 days later she quit and went to work for RepairUSA. To help protect the training investment it makes into new technicians, Zapco started including a "non-competition" clause in its employment agreements with new technicians. That non-competition clause states, in pertinent part, that if a technician leaves his or her employment with Zapco, for any reason, "he/she shall not work for a competing business, within 3 miles of Zapco, for a period of 1 year from the date of separation of employment." Thereafter, a new technician named Rob was hired by Zapco and went through the initial training program. Two weeks after completing the program, Rob quit and started working for RepairUSA. You, as business manager for Zapco, hired a local law firm to file a lawsuit against Rob for violation of his non-competition agreement. Litigation has been going on for eight months. Rob's attorneys claim that he is not violating the non-competition agreement because RepairUSA is precisely 3 miles away, and the agreement says "within" 3 miles, which (they claim) means less than 3 miles. Your attorneys say that the word "within" includes the 3 miles, and therefore Rob is in violation and you should win. At this point, Zapco has already spent $20,000 in attorneys' fees litigating this issue, and your boss is frustrated because now they have spent more on attorneys than this matter was worth. Trial is scheduled to begin in 90 days. Zapco's attorneys call and ask what Zapco wants to do. The options are: (a) drop the case; (b) file a motion for summary judgment; (c) proceed with a jury trial; or (d) waive the requested jury trial and instead proceed with a bench trial.

What are the pros and cons of each option? What do you instruct your attorneys to do? Explain your reasoning thoroughly.