Beyond Non Competes: Platform Tethered Non Circumvention Clauses for Digital Platforms

This paper examines the use of non-circumvention clauses as a viable alternative to traditional restrictive covenants for digital platforms in the gig economy. Amid increasing federal and state regulatory scrutiny of non-compete and non-solicitation agreements, platforms require defensible methods to protect investments in their technology and user networks. This paper analyzes the evolving legal landscape, including federal antitrust enforcement trends and the patchwork of state laws, arguing t