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« Domain Wars | Main | Cyberlaw Issues Everywhere »

Noncompete Agreements Are The DRM Of Human Capital

Talentwars Link: Techdirt: Noncompete Agreements Are The DRM Of Human Capital. Having been on the "short end" of the "noncompetes" in Texas (Houston), I can certainly attest to their "chilling effect" on me personally, but the argument that the lack of enforceability of same led to the valley's phenomenal success (i.e. as opposed to Boston) is a fascinating argument. That said, Austin was a "hot regional hub" for a while, but with nowhere near the kind synergies that have continued to make the valley preeminent "software Mecca"--perhaps the DRM worked its evil incantations there as well?

It is interesting that "noncompetes" are not enforceable against attorneys in any state. Which is a good thing since, Lord willing, I will be a practicing member of the FL Bar in the next few months. The rationale is that clients are entitled to the representation of their choice regardless of what firm a particular attorney works for, now or in the future. It makes sense to me, but the obvious questions arise. What about doctors? Are patients not equally entitled to the doctor of their choice. Apparently not, since as far as I can tell, the only global exception I am aware is lawyers.

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