FTC cites Elon Law scholar’s research in new ruling

The Federal Trade Commission noted the work of Professor Dave Levine in a new ruling that bans most noncompete agreements between employers and employees.

An Elon University School of Law professor who focuses his legal research on questions related to trade secrecy had his work cited by the U.S. government in a new rule that bans noncompete clauses between employers and employees.

Professor David S. Levine co-authored “The DTSA at One: An Empirical Study of the First Year of Litigation Under the Defend Trade Secrets Act” in 2018 in the Wake Forest Law Review with Professor Chris Seaman of Washington & Lee University School of Law.

In a new ruling that takes effect later this year, the Federal Trade Commission twice cited the professors’ work as part of a broader conclusion that noncompete clauses are an unfair method of competition.

Levine joined the Elon Law faculty in 2009 and has developed an international reputation for his legal research. An affiliate scholar at the Center for Internet and Society at Stanford Law School, he also was a fellow at Princeton University’s Center for Information Technology Policy from 2014-2017.

Levine is the founder and host of Stanford University’s KZSU-FM “Hearsay Culture,” an information policy, intellectual property law and technology talk show, and he co-authored the 2019 textbook “Information Law, Governance, and Cybersecurity.”

In recognition of his scholarly work, Levine was named the Jennings Professor and Emerging Scholar at Elon Law for 2017-2019. Most recently, Levine was named a fellow at the University of Milan’s Information Society Law Center.