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Center for Policy Studies
Public Affairs Discussion Group

Being an Employee in an Information Economy - The Expanding Role of Non-Competition and Related Agreements

David Reed, Ph.D., JD, MBA - Principal at Criterion Capital, LLC
Friday January 16, 2015
12:30-1:30 p.m.
Dampeer Room
Kelvin Smith Library
Case Western Reserve University

Dear Colleagues:

Welcome back for "Spring" semester in Cleveland! The Friday Public Affairs discussions resume with an important issue for economic policy.

As a possibly pseudonymous attorney advised employers, "The information economy is built on knowledge. Knowledge is generated by people. The non-competition agreement is a tool used to help companies maintain control of these two crucial assets." One might think these and other related agreements would not be necessary if employers kept and treated workers well, so they did not quit. But employees might want to take knowledge gained on the job and profit more from it elsewhere. Or employers might want to use such agreements to reduce employees' bargaining power, by limiting the potential for them to take another job.

The incentives for companies to insist on non-competition and related agreements are clear therefore, But little else about them is. There is no economic evidence and almost no theory as to whether the agreements work as they are designed to and only one or two studies have attempted to assess their collateral effects on employee motivation and productivity. There also has been little discussion in general of the appropriate 'reach' that an organization can and should exercise into the lives and thoughts of its employees. These issues have moved out of the 'technology' sector where they began and workers in a wide range of organizations and at lower and lower compensation levels are being asked to enter into these agreements. In recent years they have even entered the non-profit sector and the world of Academia.

David Reed brings a wealth of practical experience to reflecting on this issue. Currently Principal at Criterion Capital, LLC, his career includes co-founding and leading a venture-backed startup company, Bright View Technologies; being a partner in a venture capital firm, Fusion Ventures; serving as Managing Director for International Mergers and Acquisitions at Prudential Bache in London and as a VP for Mergers and Acquisitions with Lehman Brothers in New York.

All best regards,
Joe White
Luxenberg Family Professor of Public Policy and Director, Center for Policy Studies

About Our Guest

In his business career, David Reed has been an observer of and participant in the transformation of financial markets. As a student at the Wharton School, he once told me he had spent his Summer internship, "inventing new securities." Yet his intellectual interests go far beyond the world of business. In between his work at Prudential Bache and Fusion Ventures, he left that world to earn his Ph.D. in Mathematics at Oxford, and then served as a Research Assistant Professor at Duke. David earned his B.A. in Mathematics from the University of Chicago and his JD/MA in Finance and Tax from the University of Pennsylvania. He is the author of Figures of Thought: Mathematics and Mathematical Texts (Routledge, 1994 and 2013), which has been called, "the sort of textbook that every philosopher of mathematics would like to have on their reference shelf."

Where We Meet

The Friday Public Affairs Lunch convenes each Friday when classes are in session, from 12:30 p.m. to 1:30 p.m. We usually meet in the Dampeer Room of Kelvin Smith Library. The Dampeer Room is on the second floor of the library. If you get off the elevators, turn right, pass the first bank of tables, and turn right again. Occasionally we need to use a different room; that will always be announced in the weekly e-mails.

Parking Possibilities

The most convenient parking is the lot underneath Severance Hall. We regret that it is not free. From that lot there is an elevator up to street level (labeled as for the Thwing Center); it is less than 50 yards from that exit to the library entrance. You can get from the Severance garage to the library without going outside. Near the entry gates - just to the right if you were driving out - there is a door into a corridor. Walk down the corridor and there will be another door. Beyond that door you'll find the entrance to an elevator which goes up to an entrance right inside the doors to Kelvin Smith Library.

Friday Lunch Upcoming Topics and Speakers:

January 23: Encouraging Savings by the Poor in Developing Countries. With Silvia Prina, Assistant Professor of Economics.

January 30: Is It Time for a New U.S. Grand Strategy? With Patrick Doherty, Co-Director of the Strategic Innovation Lab, Weatherhead School of Management.

February 6: What I Learned About American Electoral Politics: Memoirs (in brief) of a 2014 Congressional Candidate. With Michael Wager, Taft Stettinius and Hollister LLP.

February 13: TBD

February 20: The Warren Commission and the Academy: Exploring Truth in a Political World. With Judge (ret.) Burt W. Griffin.

February 27: TBD

March 6: What Explains the Price of Gasoline? With Steven W. Percy, former Chairman and CEO, BP of America.

March 13: Spring Break

March 20: TBD

March 27: Talking Turkey: Some Personal (and Historical) Perspectives on Turkish Politics and Society. With John Grabowski, Krieger-Mueller Associate Professor in Applied History; Senior Vice President for Research and Publications, Western Reserve Historical Society.

April 3: TBD

April 10:
Obama's White House and Management Style: A Recipe for Success or Failure? With David B. Cohen, Professor of Political Science, University of Akron.

April 17: Origins and Prospects of the 'Islamic State of Iraq and the Levant. With Karl C. Kaltenthaler, Professor of Political Science, University of Akron.

April 24: TBD
January 12, 2015

If you would like to reply, submit items for inclusion, or not receive this weekly e-mail please send a notice to:

Upcoming Events

Police Brutality, Race, and the Law

A discussion with Michael Benza, J.D., Senior Instructor of Law, Avidan Y. Coverof, J.D., Assistant Professor of Law, Ayesha Bell Hardaway, J.D., Visiting Assistant Professor of Law, Lewis R. Katz John C. Hutchins Professor Of Law, J.D., Director, Foreign Graduate Studies, International Health and Epidemiology and Biostatistics, and Rhonda Williams, Ph.D. Associate Professor of History, Founder and Director of the Postdoctoral Fellowship in African American Studies, and Director of the Social Justice Institute. Thursday, January 15, 2015, 4:30-5:35 p.m., Moot Courtroom (A59), Case Western Reserve University School of Law, 11075 East Boulevard, Cleveland, OH 44106-7148. Sponsored by the The Institute for Global Security Law & Policy

Michael Brown, Eric Garner, Tamir Rice. The deaths of young black men at the hands of white police officers continue at an alarming and disproportionate rate. The U.S. Justice Department’s civil rights investigation’s conclusion that Cleveland police have engaged in a pattern or practice of unreasonable and unnecessary use of force make plain that there are significant problems with police accountability, training, and trust here in the Cleveland community. In the wake of these tragic deaths and failures to indict police, questions abound over racial bias, use of force, the fairness of grand juries, and how to create productive relationships between minority communities and the police. This panel discussion will analyze the legal, political, and cultural dimensions of police excessive force and race in both our local community and nationwide.

Hydraulic Fracturing: the Changing Landscape of Energy and Technology

Dean N. Malouta, CPG, a nationally recognized expert in conventional and unconventional oil and gas exploration, and alternative and renewable energy, Thursday January 29, 2015, 3:00-4:00 p.m., Nord Hall, Room 356, Case Western Reserve University, 2095 Martin Luther King Jr Drive, Cleveland, OH 44106. Sponsored by the Great Lakes Energy Institute.

Since the dawn of the new millennium, the energy industry has increased its attention on unconventional tight gas, shale gas and shale oil reserves. The US Energy Information Administration (EIA) indicates US gas reserves have nearly doubled to about 354 TCF in 2013. Reserves for the Marcellus Shale and Utica Shale are estimated to be a combined 122TCF. The boom in tight gas and shale gas production became possible due to advances in technologies such as reliable horizontal drilling and multi-stage fracturing in horizontal wells as well as in more sophisticated geological and geophysical detection methods to detect and integrate stress and fracture directions. The talk will include some general awareness of hydraulic fracture procedures and techniques.

Sustainable development means ensuring use of the best possible techniques for safety and well design, for protecting ground water, for minimizing foot print, for mitigating air quality issues and to increase public awareness and assurance. Industry is taking significant public steps toward greater public awareness of its actions with respect to safe and environmentally responsible operations. In addition, much work has been done to distinguish between the practically negligible effects of seismicity resulting from fracturing vs. seismicity which may result from high rate, high volume fluid disposal into disposal zones with inappropriate geologic parameters. Examples of such activities will be discussed.

January 2015







































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