Here's an interesting one, if Carmack wasn't paid was his non-compete ever valid? Isn't the entire acquisition questionable? Zenimax is putting the cart before the horse.
Non-compete is a standalone agreement; if it is signed, it is valid. It's probably also structured as part of his employment agreement, and independent of the acquisition settlement.
Thanks. Wouldn't this have affected the previous lawsuit? Maybe Facebook is trying to set up testimony under oath for the lawsuit that Zenimax is threatening with?