If non-competes are banned, then TCs are (probably) going to rise even more.
If non-competes are banned, then TCs are (probably) going to rise even more.
So without the employee the firm can't compete? If that's really true, then that employee should be able to extract as much blood as they want. They are literally the keystone of the business.
The good news is that the FTC rule would allow the firm to enforce a non-compete by giving the employee a 25% equity stake. That seems like a fair trade in exchange for with-holding such incredibly valuable specialized knowledge from the market.
While non-competes on our side are paid, they're a pain in the ass to navigate if one is a visa worker (my case). So, I am praying for this to pass. If it does, I am starting interviewing with competitors the very next day.
Not being in that industry, to me it seems like the easiest part is coming up with a new trading idea. The hardest part would seem to be actually implementing it without bugs. Therefore, I'm not sure if noncompete clauses really provide a super-significant amount of value. Even if you left a firm with a super good trading strategy today and wanted to implement it elsewhere, you're still going to have to perfectly re-build it, which is probably not trivial.
Also, strategies change all the time and are mostly the domain of quants and traders. What they did a year ago, could very well be history at the firm they worked at.
I'd say an idea that generates alpha is tougher. I have seen firms like XR have great technology, but sucky ideas. They were fast, not smart and hence they didn't make a killing like their competitors did, due to all the volatility in the last three years.
Essentially garden leave is a compromise that's better than nothing and will make companies think twice about trying to enforce a non-compete. However, non-competes still raise flags for potential employers as well. (I used to work for a very small company and we wouldn't touch anyone who had a non-compete in place.)