David Lawson v. Sun Microsystems, Incorporate

SYKES, Circuit Judge.

David Lawson sold computer maintenance and support services for Storage-Tek, Inc., mostly to large corporations. He was paid a base salary and commissions on his sales under an annual incentive plan promulgated by the company. Sun Microsystems, Inc., acquired Storage-Tek in August 2005. At the time Lawson was working on a large sale to JPMorgan Chase & Co., but the deal did not close until March 2006. If StorageTek’s 2005 incentive plan applied, Lawson would earn a seven-figure commission, perhaps as high as $1.8 million. If instead the sale fell under Sun’s 2006…