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Lockback
Sep 3, 2006

All days are nights to see till I see thee; and nights bright days when dreams do show me thee.
Does this include sales folks with customer books because if so hooo boy.

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Sundae
Dec 1, 2005

Lockback posted:

Does this include sales folks with customer books because if so hooo boy.

My guess is that customer books will be considered business-critical / proprietary, and then it'll turn into a game of trying to prove your ex-sales dude poached your customers vs definitely totally didn't, just complete coincidence and that's why my coworker contacted them and not me.

Oil!
Nov 5, 2008

Der's e'rl in dem der hills!


Ham Wrangler
Yeah, there is a lawsuit going on that is essentially this. A couple traders at Jane Street left, went to Millenium and started doing the same trades that they discovered at Jane Street. Most hedge funds/banks/trading houses have a "non-compete" where they pay the person to not work for 6-12 months, which usually is long enough for their inside information to go stale. Jane Street doesn't and the obvious thing happened.

https://newsletterhunt.com/emails/57322

LanceHunter
Nov 12, 2016

Beautiful People Club


Oil! posted:

Yeah, there is a lawsuit going on that is essentially this. A couple traders at Jane Street left, went to Millenium and started doing the same trades that they discovered at Jane Street. Most hedge funds/banks/trading houses have a "non-compete" where they pay the person to not work for 6-12 months, which usually is long enough for their inside information to go stale. Jane Street doesn't and the obvious thing happened.

https://newsletterhunt.com/emails/57322

They had a lot of fun discussing this on the Money Stuff podcast. (Oh yeah, Money Stuff has a podcast now.)

SpartanIvy
May 18, 2007
Hair Elf
The CEO at my last small job was one of the sales guys that took his book from a prior business to start his own company. He got sued a bunch but nothing ever came of it as far as I'm aware. In true American business spirit, he was determined to stop anyone from doing unto him what he did unto others, and had the most insane non-competes for every position at the company, not just sales. Stuff that was probably unenforceable but nobody wanted to challenge the guys with millions of dollars in court about it. At one point he had us a sign an upgraded version of the non-compete that barred us from working in any field for 2 years that he had any business ideas about.

I'd love to see his reaction to this news because I'm sure he's panicking and having his lawyers put together some insane contract for his employees that he thinks will be a loophole around it.

Inept
Jul 8, 2003

Oil! posted:

Yeah, there is a lawsuit going on that is essentially this. A couple traders at Jane Street left, went to Millenium and started doing the same trades that they discovered at Jane Street. Most hedge funds/banks/trading houses have a "non-compete" where they pay the person to not work for 6-12 months, which usually is long enough for their inside information to go stale. Jane Street doesn't and the obvious thing happened.

https://newsletterhunt.com/emails/57322

Isn't that what NDAs are for?

bob dobbs is dead
Oct 8, 2017

I love peeps
Nap Ghost
disclosure is to third party, this is competing

Lockback
Sep 3, 2006

All days are nights to see till I see thee; and nights bright days when dreams do show me thee.
There are tons of services and software out there that are totally commoditized. People would happily just follow their account guy and might not even notice where they get the service from. Usually your non compete gives you 3-6 months for the customer to forget the old guy and fall in love with the new one. But now if company A can get that book in between billings certain sectors could get bloody.

Non competes on various widget makers in their many forms was always exploitive and frequently unenforceable but protecting customer books had some real purpose in the game.

Hadlock
Nov 9, 2004

What are your top 10 bloodiest industries for non competes having the biggest impact etc etc

For me "sales" is enterprise grade software which has 12-36 month implementation periods and highly sticky

If you're a grocer and buy your sweet yams and dragon fruit from one guy, and next week he's got his own fruit distribution company for 1% less than the company he used to work for, I guess?

Finance I can half see this but only barely you still need the legal team etc to backstop you

Cyrano4747
Sep 25, 2006

Yes, I know I'm old, get off my fucking lawn so I can yell at these clouds.

I'm happy for it just because it will kill companies trying to use non-competes to discourage employees seeking better jobs when they treat them like poo poo. The people who are getting a free 12 month vacation when they leave are already generally well compensated and have enough leverage to do poo poo like get those 12 months.

Lockback
Sep 3, 2006

All days are nights to see till I see thee; and nights bright days when dreams do show me thee.

Hadlock posted:

What are your top 10 bloodiest industries for non competes having the biggest impact etc etc

For me "sales" is enterprise grade software which has 12-36 month implementation periods and highly sticky

If you're a grocer and buy your sweet yams and dragon fruit from one guy, and next week he's got his own fruit distribution company for 1% less than the company he used to work for, I guess?

Finance I can half see this but only barely you still need the legal team etc to backstop you

I mean, I'm in financial SaaS so I fully realize I'm not typical but yeah, while enterprise stuff is going to be fine SaaS companies are going to have exposure. Some examples

1. SaaS companies that specialize in delivering key bits of information. Their client books are super important but their service can be copied easily.
2.Small, boutique consulting firms
3. Marketing/SEO firms
4. Financial services companies that provide data rooms, closing services, generate M&A leads, etc
5. Corporate services like relocation

I won't go to 10, but companies that provide services that are reasonably commodified but rely on long term customer books will suddenly be super vulnerable. To be clear, I'm not talking about people doing the work or whatever, but the account managers who have the client relationships and who are the ones directly contacted to generate business.

I don't think it's going to kill the industry, but all of these pretty critically rely on non-competes to avoid ripping each other apart.

Leperflesh
May 17, 2007

Real estate agents, who have to cut their teeth at a brokerage and then when they leave they are more likely to have clients loyal to them, not their brokerage? I feel like that probably already happens anyway though.
Tax preparers and accountants.
Lawyers, maybe?

bob dobbs is dead
Oct 8, 2017

I love peeps
Nap Ghost
all those are based upon partnership models usually, so i guess the commodity businesses that depend upon salespeep facetime will turn into those and give out owning shares to the top salespeeps

i dont see this as a problem

Inept
Jul 8, 2003

If the choice is between how it currently is and no non-competes at all, burn it down. 30 million people in the U.S. being subject to non-competes is nuts.

Nothingtoseehere
Nov 11, 2010


If there is no economic value to your business than the personal relationship the buyer has with the sales team, then the sales team should capture all the profit by leaving and starting their own firm. Free market in action.

Hadlock
Nov 9, 2004

Not interested in getting deep into the weeds of the social benefit/damage of social media, but Biden just signed the "tiktok bill"

https://www.theverge.com/2024/4/24/24139036/biden-signs-tiktok-ban-bill-divest-foreign-aid-package

Which basically says the Chinese have to pull out of the US market or sell it off to a wholly us based company (I think?)

Anyways this has been a "will they or won't they?" Schrodinger's legislation for... At least a year? With this in play what other pieces of protectionism will Congress pass in the coming months

quote:

Biden signs TikTok ‘ban’ bill into law, starting the clock for ByteDance to divest it / The legislation requires China-based parent company ByteDance to divest TikTok in nine months to a year in order to avoid an effective ban in the US.

Leperflesh
May 17, 2007

Nothingtoseehere posted:

If there is no economic value to your business than the personal relationship the buyer has with the sales team, then the sales team should capture all the profit by leaving and starting their own firm. Free market in action.

Yeah. But the risk the businesses see is that they have a client list already (that's the value they offer), you get hired, you work their client list, then you leave and take their clients with you. They lose value they started with.

But that's nonsense, how did they get those clients to begin with? And what can they offer you to keep you there instead of leaving? They have to scrape some of your generated revenue away in order to pay for whatever they're offering you, so they have to offer something that has an economy of scale: better office space, or retirement benefits or something like that. And you have to see that as being worth more than independence.

I honestly don't think this is going to be a gigantic change. Businesses freak out when one guy leaves and takes his clients with him, but lots of people value the security and safety of their current job and surroundings compared to the risk of self-employment. I expect to see some shifting and the power definitely returns a bit more towards the worker but I doubt we'll see whole industries shift to 100% self employment as every firm that pools labor collapses from rampant client theft or whatever.

golden bubble
Jun 3, 2011

yospos

Agronox posted:

However, this is probably the first economic expansion in my life where income gains are accruing more to the lower-wage workers than the higher:



(Note, these are inflation-adjusted, so the guys at the top aren't getting pay cuts, they're just not necessarily keeping up with inflation.)

Anecdotally at least this makes sense. I know some people who went from minimum wage plus a bit pre-pandemic to 2-3 times that now.

And honestly I agree with the guy up thread that you shouldn't watch what people say, but what they do. Revealed preference shows that people have a lot of money, and they're very happy spending it.

A huge part of this is that a massive of the increase in income in the bottom 50% is not promotions or salary increases in the same position but people leaving behind poo poo companies for less lovely companies. It's well documented that when people switch companies for a better job, they give themselves all the credit rather admit that tight labor markets (a good thing) made it possible. So you have a lot of lower class and middle class workers who are making more than a few years ago even after adjusting for inflation who believe all their gains are due to personal virtue and all the bad things happening are due to the Economy (tm).

Cyrano4747
Sep 25, 2006

Yes, I know I'm old, get off my fucking lawn so I can yell at these clouds.

Leperflesh posted:

Yeah. But the risk the businesses see is that they have a client list already (that's the value they offer), you get hired, you work their client list, then you leave and take their clients with you. They lose value they started with.

But that's nonsense, how did they get those clients to begin with? And what can they offer you to keep you there instead of leaving? They have to scrape some of your generated revenue away in order to pay for whatever they're offering you, so they have to offer something that has an economy of scale: better office space, or retirement benefits or something like that. And you have to see that as being worth more than independence.

I honestly don't think this is going to be a gigantic change. Businesses freak out when one guy leaves and takes his clients with him, but lots of people value the security and safety of their current job and surroundings compared to the risk of self-employment. I expect to see some shifting and the power definitely returns a bit more towards the worker but I doubt we'll see whole industries shift to 100% self employment as every firm that pools labor collapses from rampant client theft or whatever.

If the only value a company has is their client list and there is literally nothing keeping those clients from walking away than "Bob is the person we've ordered from for years and we like working with Bob" then those places deserve to go under.

And if you're that company and you're so dependent on Bob's rolodex to keep the lights on then you better loving pay Bob what he's worth and, I dunno, maybe use the space you just bought yourself with Bob's fat raise to figure out some way to be competitive against your competition.

Baddog
May 12, 2001

Hadlock posted:


Anyways this has been a "will they or won't they?" Schrodinger's legislation for... At least a year? With this in play what other pieces of protectionism will Congress pass in the coming months

Superficial protectionism, it's not like the Chinese government can't pull sensitive data from any number of other companies.

The root problem is letting companies store so much information on us. With no penalty for storing it insecurely except for having to offer a couple months of credit protection. I'm guessing this is probably why so many of our politicians seem to be completely subverted. Has to be trivial for foreign intelligence services to tie anyone of interest to their porn history, or worse.

Anyways, I have purchased some X in a gamble that the deal will go through after the election. But I probably bought it too soon. Things are going to get even spicier for sure, in weird ways. I'm gonna be in China for a month right before the election, hopefully we don't kick off while I'm there. More likely we'll have to pay some new taxes to homeland security for being red-china-commie lovers/visitors.

Leperflesh
May 17, 2007

boy I sure wouldn't bet on X being the substitute for TikTok. If anything, I think youtube shorts are the closest equivalent

Cyrano4747
Sep 25, 2006

Yes, I know I'm old, get off my fucking lawn so I can yell at these clouds.

Leperflesh posted:

boy I sure wouldn't bet on X being the substitute for TikTok. If anything, I think youtube shorts are the closest equivalent

On the other hand, can't spell Xi without X.

I feel my analysis is at least as rigorous as any of the other tiktok stuff I'm seeing right now :colbert:

Gucci Loafers
May 20, 2006

Ask yourself, do you really want to talk to pair of really nice gaudy shoes?


Cyrano4747 posted:

If the only value a company has is their client list and there is literally nothing keeping those clients from walking away than "Bob is the person we've ordered from for years and we like working with Bob" then those places deserve to go under.

I had a former co-worker who was once sued by our former employer. The reason was he left the company and the customers followed because he did a great job. It was thrown out of court due lack of evidence or whatever but to this day I thought it was a ton of crap. And this was for tech contracts fixing laptops, printers, etc. under warranty.

https://x.com/USChamber/status/1783113130026918245

Looks like they're suing to stop it,

(USER WAS PUT ON PROBATION FOR THIS POST)

Leperflesh
May 17, 2007

lol "if regulators appointed by our elective representatives get to regulate businesses, why, that's unprecedented and a slippery slope" says obviously totally disinterested group that is completely objective and definitely not blatantly misrepresenting what government is and does

checks notes

hmm, the "chamber of commerce" is just a pro-business lobby, you say, hmm it's neat how their response is at all newsworthy

Hadlock
Nov 9, 2004

Let's keep tweets out of this thread please; you're welcome to link to an original source just not a tweet thanks

GhostofJohnMuir
Aug 14, 2014

anime is not good
if all non-competes involved garden leave at the employers expense i wouldn't give a poo poo, but the non-competes that just effectively bar employees from the industry for a significant period of time stink of concerted wage fixing more than ip protection

mrmcd
Feb 22, 2003

Pictured: The only good cop (a fictional one).

Leperflesh posted:

boy I sure wouldn't bet on X being the substitute for TikTok. If anything, I think youtube shorts are the closest equivalent

I think he meant US Steel lol.

Xitter isn't a public company anymore.

Hadlock
Nov 9, 2004

I give it better than 0-odds that Twitter goes public just to secure the ticker

Baddog
May 12, 2001

mrmcd posted:

I think he meant US Steel lol.

Xitter isn't a public company anymore.

Hah! I really thought leperflesh was mildly trolling me.

Yep I did mean the other big pressing protectionist "issue" of the day, our steel heading to the orient along with our tiktoks.

The ftc is also getting bogged down with "big handbag", tapestry buying capri. This after successfully scuttling the irobot/amazon acquisition. Which probably condemns irobot to bankruptcy, protecting the market share of all the cheap (non-domestic) knockoffs. All the while letting Kroger's buy Albertsons almost untouched. The government strategy is muddled lately, to say the least.

Leperflesh
May 17, 2007

wow yeah your post reads completely coherently if it is about buying stock in twitter because you think the deal (banning tiktok or forcing a sale) might go through after the election & while you're in china

X, the stock ticker, makes more sense though!

e. just another reason why elon musk's insistent branding choice is so loving stupid lol

Leperflesh fucked around with this message at 22:53 on Apr 24, 2024

Josh Lyman
May 24, 2009


Baddog posted:

Hah! I really thought leperflesh was mildly trolling me.

Yep I did mean the other big pressing protectionist "issue" of the day, our steel heading to the orient along with our tiktoks.

The ftc is also getting bogged down with "big handbag", tapestry buying capri. This after successfully scuttling the irobot/amazon acquisition. Which probably condemns irobot to bankruptcy, protecting the market share of all the cheap (non-domestic) knockoffs. All the while letting Kroger's buy Albertsons almost untouched. The government strategy is muddled lately, to say the least.
Lina Khan seems to primarily interested in big tech to the detriment of everything else. Noncompetes would fall under this.

bob dobbs is dead
Oct 8, 2017

I love peeps
Nap Ghost
... california has not had noncompetes for 150 years. washington sometimes has them but lol

Sundae
Dec 1, 2005

bob dobbs is dead posted:

... california has not had noncompetes for 150 years. washington sometimes has them but lol

California makes up for it by having illegal blacklists and “no-poach” agreements, through. Where there’s a will, there’s a tech company willing to build an app for it :D

bob dobbs is dead
Oct 8, 2017

I love peeps
Nap Ghost
they're already illegal, the ftc ruling on them aint gonna stop em

Agronox
Feb 4, 2005

Baddog posted:

All the while letting Kroger's buy Albertsons almost untouched.

The FTC sued to block this one as well.

Baddog
May 12, 2001

Agronox posted:

The FTC sued to block this one as well.

Hah, I actually posted about it and then apparently immediately forgot about it. Getting old.

Glad they are taking action on it!

Lockback
Sep 3, 2006

All days are nights to see till I see thee; and nights bright days when dreams do show me thee.
Honestly I know everyone wants to dunk on him but the Biden administration has been the strongest against big business administration in my living memory.

LanceHunter
Nov 12, 2016

Beautiful People Club


GDP figures are out for Q1...



NY Times (free link) posted:

U.S. Economy Grew at 1.6% Rate in First Quarter
Consumers ensured that growth continued, but the latest data showed signs of vulnerability elsewhere.

The U.S. economy continued to grow but at a sharply slower rate early this year, as strong consumer spending was offset by weakness in other sectors.

Gross domestic product, adjusted for inflation, increased at a 1.6 percent annual rate in the first three months of 2024, down from 3.4 percent at the end of 2023, the Commerce Department said Thursday.

Taken on its own, the downshift in growth is not necessarily worrisome, particularly given that the Federal Reserve has been trying to cool off the economy. But the slowdown has come at the same time that the Fed’s fight against inflation has stalled: Prices rose more quickly in the first quarter than at the end of last year. That raises the uncomfortable possibility that high interest rates are taking a toll on economic activity but not succeeding in fully taming inflation.

For now, though, consumers are ensuring that growth continues. Spending rose at a 2.5 percent rate in the first quarter as low unemployment and rising wages helped shoppers shrug off high interest rates and rising prices.

“Sentiment is not that strong — people don’t see the economy as in good shape — but personally they’re going out and spending,” said Brian Rose, senior economist at UBS. “They’re seeming to sort of defy gravity.”

If consumers return to earth, however, the broader economy could be vulnerable. Business investment in equipment and structures was weak in the first quarter, as were exports.

“The consumer is still king — it’s driving the growth story — and yet businesses have been very reluctant to invest,” said James Knightley, chief international economist for ING. “If something was to happen to the consumer, the growth story could very quickly unravel.”

Spending has been driven particularly by wealthier consumers, whose low debt and fixed-rate mortgages have insulated them from the effects of higher interest rates, and who have benefited from a stock market that was until recently setting records.

Lower-income households, however, are showing mounting signs of strain. They have increasingly turned to credit cards to afford their spending, and with interest rates high, more of them are falling behind on their payments.

“There is a sense that lower-end households are increasingly stretched right now,” said Andrew Husby, senior U.S. economist at BNP Paribas. “You’re seeing a bifurcation in the U.S. economy.”

We'll see how the market reacts in about 45 minutes...

Gucci Loafers
May 20, 2006

Ask yourself, do you really want to talk to pair of really nice gaudy shoes?


The market hates it... but I guess this just means interest rates remain high for longer which isn't good news but will hopefully go down before the end of the year? :ohdear:

Or right before the election? :getin:

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LanceHunter
Nov 12, 2016

Beautiful People Club


Gucci Loafers posted:

The market hates it... but I guess this just means interest rates remain high for longer which isn't good news but will hopefully go down before the end of the year? :ohdear:

Or right before the election? :getin:

I would think that the slowing growth would be a signal that interest rates would be dropping sooner. But yeah, market doesn't seem happy.

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