Tony Fadell, the inventor of the iPod and co-inventor of the iPhone, and later Nest founder, commented this in Stratechery about the lawsuit when filed:
"This is Apple’s typical tactic to scare Apple employees — either former or current. I heard this lawsuit was driven by the Apple board.
Steve threatened to file a lawsuit against Nest for poaching 80-100 Apple employees. He called me, screamed for a while with lots of accusations. Then I said, “Steve, it’s Apple’s job to retain its talent, not mine.” He stopped his rant and then we went on to talk about our families and vacation plans. We kept hiring…"
There's a bright, clear line between targeted attempts to hire someone who has a job working for a competitor, and trying to get that person to take confidential information with them when they switch jobs. The latter is wrong and will rightfully result in legal action. The former is perfectly fine, and good for employees, which I'd wager still includes most of this site's audience despite the startup-founder focus.
Remember, employers don't own the people who work for them. They cannot be "poached." They can only be given a better offer. If your employee decides they'd be better off working for your competitor instead, then you have only yourself to blame for not giving them enough incentive to stay. Either up your game, or give them a friendly goodbye.
Sure. Also, don't care. Lets focus on the devil currently doing harm.