In Talent Wants to Be Free, Orly Lobel’s masterfully demonstrates the importance to business, employees, and society at large of workers who are free to move and free to innovate. The symposium this week has seen well-deserved praise heaped on the book from many of the nation’s leading scholars in the area. Lobel, a legal academic, explains the law in a way that non-lawyers (and even lawyers seeking a summary of the law of covenants not to compete, confidentiality agreements, and trade secret) will greatly appreciate.
The shift she describes is part of the larger move from status to contract that has marked modernity—a world in which individuals make and remake themselves. I have myself embraced this model in my own way in my book The Electronic Silk Road. I accordingly find myself entirely sympathetic to Lobel’s prescription. In that book, I describe and embrace the ways that production processes are now splintered across the globe, with global supply chains now including services, not just manufactured parts, supplied in disparate locations. There is liberation implicit in this—on the Internet, no one knows what class or caste into which you were born (though cultural markers are never entirely absent, even in cyberspace). Equally important, it allows individuals in developing countries to participate in lucrative markets in developed countries that would deny those individuals visas.
When I moved to Northern California a decade and a half ago, I carried my Midwestern and East Coast sensibilities with me. When a former student told me he was leaving his job after just one year at one of the leading technology law firms, Wilson, Sonsini, I was not entirely sure this was wise. He joined an important Silicon Valley operating company, and worked there for two or three years. He surprised me by then informing me that he was returning to Wilson, Sonsini. I would have thought that his leaving his law firm after such a short time might have made him persona non grata there, but he returned there certainly a lot more knowledgeable about the needs of the firm’s clients. Wilson, Sonsini clearly understood the virtues of freedom of employees—seeing it not as a sign of instability or disloyalty, but a marker of curiosity, dynamism, and ambition. Lobel would certainly approve, both of the employee and of the employer.