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Antitrust Litigation No-Poaching

A&O Shearman

Key antitrust findings - May 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. David Higbee (Global Head of Antitrust) and Dominic Long (Global Deputy Head of Antitrust) are our editors this month....more

Troutman Pepper

Seventh Circuit Revives McDonald's Employee No-Poach Litigation

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In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more

King & Spalding

DOJ’s Recent Loss in Antitrust Labor Case Highlights Ongoing Focus on Alleged Healthcare Labor Market Restrictions

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The Government Continues to Seek Criminal Sanctions in Cases Regarding Wage-Fixing and No-Poach Agreements - On Wednesday, March 22, a Maine federal jury acquitted four operators of home health agencies who were accused of...more

DirectEmployers Association

OFCCP Week In Review: October 2022 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott....more

Dechert LLP

Criminal guilty plea in nurse staffing case shows labor market antitrust concerns are not going away

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Over the past several years, U.S. antitrust agencies have renewed enforcement focus on labor issues, including agreements involving employee hiring and compensation. These include agreements by horizontal competitors to set...more

McDermott Will & Emery

[Webinar] Trial Team Reflections on Win in First-Ever Criminal No-Poach Case: DOJ May Have Lost, But The Game Is Not Over - May...

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In July 2021, the US Department of Justice’s (DOJ) Antitrust Division brought its first-ever criminal no-poach market allocation case. The Antitrust Division indicted DaVita, Inc. and its former CEO Kent Thiry on three counts...more

Wilson Sonsini Goodrich & Rosati

First DOJ Criminal Wage-Fixing and No-Poach Trials End in Acquittals

In 2016, the U.S. Department of Justice Antitrust Division (DOJ) announced that it would criminally prosecute no-poach and wage-fixing agreements for the first time. Indeed, the DOJ has backed this up by bringing a number of...more

McDermott Will & Emery

Heard on Day One of 2022 Antitrust Law Spring Meeting

This week, the American Bar Association’s Antitrust Law Section kicked off its annual Spring Meeting in Washington, DC, which features updates from the antitrust enforcers and substantive discussions on today’s most pressing...more

Troutman Pepper

No-Poach Case Against HP Dismissed for Failure to Allege a Plausible Conspiracy

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Many recent no-poach agreement antitrust claims have risen within the franchise context, where the alleged agreement was plainly described in the operative franchise agreements. In those cases, the parties fought over what...more

Womble Bond Dickinson

Antitrust Regulation And The Labor Market

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Employment-related antitrust regulation is intensifying amid a volatile labor market so Mark Henriques asked David Hamilton and Sarah Motley Stone, two of Womble Bond Dickinson's brightest minds on this subject, to share some...more

McDermott Will & Emery

Special Report - 2019 Hospital and Health Systems Year in Review

Hospitals and health systems are facing consumer demand for innovation, the need to expand and enhance streams of revenue and the push for improved quality, all while navigating changing regulations, federal enforcement,...more

A&O Shearman

Key Antitrust Enforcement Trends — 2019 Antitrust Annual Report

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Welcome to the 2019 Shearman & Sterling Antitrust Annual Report. Our seventh edition focuses on the contrasting use by regulators of antitrust laws with respect to the FANGs, and how antitrust is being enforced in the U.S....more

Proskauer Rose LLP

Attacking Class Certification on a Motion to Dismiss? A Recent Decision Says There is a Way - Insights - Proskauer Rose LLP

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Antitrust class action counsel are in the business of extracting cash from defendants in the form of settlements that are, in effect, a tax on every transaction in the market covered by the case. The bigger the market, the...more

McDermott Will & Emery

Cartel Snapshot - February 2019

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Q4 Update: Overview of Cartel Investigations - Although 2018 saw guilty pleas and new indictments in several ongoing Department of Justice (DOJ) investigations, the year finished by continuing a downward trend in antitrust...more

Searcy Denney Scarola Barnhart & Shipley

United States Judicial Panel on Multidistrict Litigation – January 2019 Hearing Session Preview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for January 31, 2019 in Miami, Florida. Six matters are set for oral argument to consider motions to transfer each...more

Patterson Belknap Webb & Tyler LLP

Duke and UNC: No-Poach Case Update

Last month, we reported on a partial settlement in an antitrust case alleging that entities within the Duke and the University of North Carolina systems agreed not to hire each other’s medical personnel unless the lateral...more

Morgan Lewis

2016 Global Cartel Enforcement Report

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Authorities launched new criminal probes, obtained guilty pleas from companies and executives and imposed hefty fines as aggressive enforcement continued. Several significant developments occurred in cartel enforcement...more

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