Professor Luisetto presented his paper, “Making Employers Pay for Unenforceable Noncompetes,” at the 21st Annual Colloquium on Scholarship in Employment and Labor Law (COSELL), held at UC Berkeley Law on September 18-19, 2026.
In his paper, Professor Luisetto investigates the extent to which contract, antitrust, and tort law provide viable pathways to monetary relief for employees harmed by unenforceable noncompetes, ultimately arguing that statutory civil penalties — measured as the accumulated value of the wage growth a worker was denied during the years she was subject to an unenforceable noncompete, and computed from empirically grounded wage suppression estimates — are best situated to address the in terrorem effects of unenforceable noncompetes.
The full program of the conference may be found here: https://cosellaw.org/index.html