Professor Orly Lobel Pens BusinessWeek/Bloomberg News Article on Changing Non-Compete Practices

Professor Orly Lobel Pens BusinessWeek/Bloomberg News Article on Changing Non-Compete Practices

New York (September 16, 2013) – Today BusinessWeek/Bloomberg News published an article by University of San Diego (USD) School of Law Professor Orly Lobel titled, “The Benefits of Talent Mobility.”

As more companies proclaim innovation the Holy Grail of success, they have increased their control over their most valuable asset in the quest—talented individuals with the capacity to create and invent.

In this article, Lobel argues that the current business practice of creating and enforcing non-compete agreements is actually counterproductive and limits the success of business in the long run. Instead, Lobel suggests businesses rethink the non-compete model and outlines five ways businesses can benefit from “setting talent free.”

Detailed research on the subject from Lobel and her collaborator, University of California, San Diego Associate Professor of Marketing On Amir, will be published this month in the Stanford Technology Law Review. Lobel and Amir find that controls over talent decrease motivation and performance of employees. They suggest businesses reconsider how best to retain talented employees by using stock options, bonuses, and profit-sharing programs, which induce loyalty without the negative effects of intimidation.

Read the full article on

About Orly Lobel

Orly Lobel is the Don Weckstein Professor of Law at the University of San Diego and founding faculty member of the Center for Intellectual Property and Markets. She teaches and writes in the areas of employment law, intellectual property law, regulatory and administrative law, torts, behavioral economics, health policy, consumer law and trade secrets. Her current research focuses on innovation policy and intellectual property. Lobel’s latest book is Talent Wants to be Free: Why We Should Learn to Love Leaks, Raids, and Free-Riding.

About the University of San Diego School of Law

Recognized for the excellence of its faculty, curriculum and clinical programs, the University of San Diego (USD) School of Law enrolls approximately 900 Juris Doctor and graduate law students from throughout the United States and around the world. The law school is best known for its offerings in the areas of business and corporate law, constitutional law, intellectual property, international and comparative law, public interest law, and taxation.

USD School of Law is one of the 81 law schools elected to the Order of the Coif, a national honor society for law school graduates. The law school’s faculty is a strong group of outstanding scholars and teachers with national and international reputations and currently ranks 23rd worldwide in all-time faculty downloads on the Social Sciences Research Network (SSRN). The school is accredited by the American Bar Association and is a member of the Association of American Law Schools. Founded in 1954, the law school is part of the University of San Diego, a private, nonprofit, independent, Roman Catholic university chartered in 1949.


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