Working in Silicon Valley: Economic and Legal Analysis of a High-velocity Labor Market

Hyde, Albert C.

doi:10.4324/9781315698052

Cited by 67 publications

(42 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…Hyde (1998Hyde ( , 2003 and Gilson (1999) argued that the primary explanation for the divergence Saxenian observed were legal constraints on worker mobility. Unlike Massachusetts, California does not enforce non-compete agreements, and its courts narrowed trade secret doctrines.…”

Section: Learning In Networkmentioning

confidence: 99%

Law, Innovation, and Collaboration in Networked Economy and Society

Benkler

2017

Annu. Rev. Law. Soc. Sci.

View full text Add to dashboard Cite

Over the past twenty-five years, social science research in diverse fields has shifted its best explanations of innovation from (a) atomistic invention and development by individuals, corporate or natural, to networked learning; (b) market-based innovation focused on material self-interest to interaction between market and non-market practices under diverse motivations; and (c) property rights exclusively to interaction between property and commons. These shifts have profound implications for how we must think about law and innovation. Patents, copyrights, non-compete agreements and trade secret laws are all optimized for an increasingly obsolete worldview. Strong intellectual property impedes, rather than facilitates, innovation when we understand that knowledge flows in learning networks, mixing market and non-market models and motivations, and weaving commons with property are central to the innovation process.

show abstract

Section: Learning In Networkmentioning

confidence: 99%

Law, Innovation, and Collaboration in Networked Economy and Society

Benkler

2017

Annu. Rev. Law. Soc. Sci.

View full text Add to dashboard Cite

show abstract

“…Besides, even though most states have adopted the USTA, how they go about on enforcing it is a different matter, as Hyde noted California's weak enforcement (Hyde, 1998;2003). Another point Gilson makes on trade secrets is the idea that an employee owns their discovery, until the stage of conception -"the first occurrence of the complete invention in the mind of the inventor -as corroborated by objective evidence."…”

Section: Trade Secret Law and Doctrines To Enforce Cncsmentioning

confidence: 99%

“…Moreover, he acknowledges that each region's success may be due to other factors such as record unemployment and economic boom. Hyde, in recent years has argued for the prohibition of CNCs nationwide (Hyde, 2010) and the crux of his earlier arguments were that CNCs with immigration visas, stock options, health insurance, and other factors lead to a high velocity labor market resulting in innovation and knowledge transfer since "all of the firm's technical property has life only in the minds and bodies of its employees and is realized in labor markets " (Hyde, 1998;2003). Bishara accepts Gilson's and Hyde's assertions and proposes a hybrid approach distinguishing creative workers from service workers to protect employer investment in service workers and encourage higher mobility of creative workers thought to enhance innovation (Bishara, 2006).…”

Section: Theoretical Reinforcementsmentioning

confidence: 99%

Legal Foundation of Silicon Valley: Lessons for Asian Hi-Tech Districts

Timberman¹

2014

KTIS

View full text Add to dashboard Cite

Policy planners in Asia readily covet high technology districts and regional systems of innovation such as Silicon Valley. We examine the law's role, by way of covenants not to compete (競業禁止條項) in the development of Silicon Valley by reviewing the literature from 1999 through 2013. The research suggests that in certain high-tech districts such as Silicon Valley, there are greater gains in the innovation of a region by prohibiting CNCs. While we emphasize CNC law as the main legal determinant to Silicon Valley's success, the application of trade secret law and the inevitable disclosure doctrine are also factors that can aid or restrict the mobility and knowledge spillover of a region. Even with much explored, perspectives are lacking from a regional innovation systems analysis, and more so in the context of Asian nations. To tackle these gaps, three analytical frameworks are presented that entails labor law, law and economics, and law and innovation. And from within the law and innovation framework, research is introduced in the hope that future discussions on Asian regional innovation systems consider the legal foundation of Silicon Valley.

show abstract

“…The doctrine of inevitable disclosure is a concept of common law that substantially strengthens the protection of trade secrets. The legal doctrine effectively prevents a firm's former employees from working at its competitors if such employment relationships lead to inevitable disclosures of the firm's trade secrets to its competitors (e.g., see Hyde (2003), and Graves and DiBoise (2006) prohibit a former employee from working at a competitor and, hence, effectively prevent its trade secrets from being spilled over to its competitors. By contrast, the rejection of the previously adopted IDD makes a firm's knowledge protection more vulnerable to employee job hopping.…”

Section: A Knowledge Protection and The Inevitable Disclosure Doctrinementioning

confidence: 99%

Does Knowledge Protection Benefit Shareholders? Evidence from Stock Market Reaction and Firm Investment in Knowledge Assets

Qiu

Wang

2017

FEDS

View full text Add to dashboard Cite

This paper studies whether knowledge protection affects shareholder value and firms' investment in knowledge assets using the staggered adoptions and rejections of the inevitable disclosure doctrine (IDD) by U.S. state courts as exogenous changes in the level of knowledge protection. We find positive (negative) abnormal stock returns around the IDD adoption (rejection) day for firms headquartered in the state and uncover a positive IDD treatment effect on firms' investment in knowledge assets. Moreover, the effects on stock returns and knowledge assets investment are stronger in more knowledge-oriented industries and firms. Finally, enhancing knowledge protection does not discourage local entrepreneurial activity.

show abstract

Working in Silicon Valley: Economic and Legal Analysis of a High-velocity Labor Market

Cited by 67 publications

References 0 publications

Law, Innovation, and Collaboration in Networked Economy and Society

Law, Innovation, and Collaboration in Networked Economy and Society

Legal Foundation of Silicon Valley: Lessons for Asian Hi-Tech Districts

Does Knowledge Protection Benefit Shareholders? Evidence from Stock Market Reaction and Firm Investment in Knowledge Assets

Contact Info

Product

Resources

About