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Non-Compete Agreements › Hiring & Firing › Department of Justice (DOJ)

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
WilmerHale

Balancing Act: Navigating Nuances in Labor Market Enforcement

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In recent years, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) have significantly ramped up enforcement efforts in labor markets. This article delves into two key enforcement...more

Manatt, Phelps & Phillips, LLP

[Webinar] Preparing for the Future of Health Care Antitrust Scrutiny - June 11th, 12:00 pm - 1:00 pm PST

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Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2024

Fisher Phillips on

It’s never easy to make accurate predictions about what we’ll see in the workplace in the coming year, especially given the recent volatility we’ve experienced and expect for the foreseeable future. Despite the ever-present...more

Manatt, Phelps & Phillips, LLP

[Webinar] How to Navigate the Regulatory Trend to Ban and Criminalize Noncompetes - February 7th, 10:00 am - 11:00 am PT

Manatt, Phelps & Phillips, LLP on

On the heels of the Federal Trade Commission’s (FTC) January 5, 2023 proposed rule banning noncompetes, Manatt’s antitrust and employment law attorneys will provide a comprehensive overview of the stepped-up efforts to tamp...more

Jenner & Block

Latest Decisions in Criminal No-Poach and Civil Non-Compete Cases Indicate Continuing Scrutiny of Restrictive Covenants

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Parties in Criminal No-Poach Case Reach Pre-Trial Resolution - Recently, the parties in United States v. Hee notified District Court Judge Boulware of the District of Nevada that they reached a preliminary plea deal. The...more

Holland & Knight LLP

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

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The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply....more

CDF Labor Law LLP

[Webinar] Consequences of No-Poach Agreements: Civil and Criminal - May 24th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

The Antitrust Division of the Department of Justice (DOJ) has stepped up enforcement over no-poach/no-hire agreements under Federal antitrust laws. The DOJ recently tried two criminal cases against individual officers of...more

BakerHostetler

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Nationalizing Competitiveness and Noncompete Law: Criminal...

BakerHostetler on

Nationalizing Competitiveness and Noncompete Law: Criminal Antitrust and Federal Efforts to Curtail No-Poach and Noncompete Agreements is part five of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes...more

Moritt Hock & Hamroff LLP

Are Non-Competes Headed For Extinction?

Moritt Hock & Hamroff LLP on

Regulation of non-competition agreements or provisions has traditionally been governed by state law. As set forth below, however, a new Executive Order may signal that change is coming on the federal level. Background - ...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

A Solution in Search of a Problem? FTC Hosts Workshop to Consider Authority to Abolish Non-Competes

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Within the last five months, the two executive arms responsible for enforcing antitrust laws—the US Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”)—held public workshops to examine the effect of...more

Foley & Lardner LLP

Federal Agency Actions (Could) Lead to Big Changes

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Two federal agencies dealing with employment issues, the Federal Trade Commission (FTC) and the Department of Labor (DOL), are considering or have already implemented new rules that will affect employers. The issues relate to...more

Baker Donelson

The New Landscape for Non-Compete Law in 2019 and Beyond

Baker Donelson on

For years, employers have relied on the use of restrictive covenants to protect their companies from unfair competition by former employees and competitors. Original published in Maryland State Bar Association Section of...more

Cozen O'Connor

III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes

Cozen O'Connor on

This episode outlines the key components of the U.S. Department of Labor’s new proposed overtime rule. Also, antitrust attorney David Reichenberg joins to discuss the antitrust issues that cannot be ignored when looking at...more

Smith Anderson

DOJ Cracks Down on No-Poach Agreements

Smith Anderson on

On April 3, 2018, the Department of Justice (DOJ) announced that it had “reached a settlement with Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation, two of the world’s largest rail equipment suppliers, to...more

Cozen O'Connor

II-31- The Changing 9 to 5 From 1980 to Today

Cozen O'Connor on

This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more

Seyfarth Shaw LLP

DOJ Announces First Of A Number Of Anticipated No-Poach Enforcement Actions – What Should Employers Do Now?

Seyfarth Shaw LLP on

Seyfarth Synopsis: True to his word, the Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice has announced the first of a number of anticipated no-poach enforcement actions. ...more

Holland & Knight LLP

DOJ Challenges Employer No-Poaching Agreements as Per Se Antitrust Violation

Holland & Knight LLP on

The DOJ's Antitrust Division sent a powerful message to the business community yesterday when it sued railroad equipment suppliers Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation (Wabtec) for entering into...more

Epstein Becker & Green

No-Poaching Agreements Under DOJ’s Microscope: Criminal Indictments May Be Next

Epstein Becker & Green on

In October 2016, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resource Professionals (“Guidance”). As stated in its...more

Franczek P.C.

DOJ, FTC Announce Plans to Criminally Prosecute Employers That Enter into Wage-Fixing or No-Poaching Agreements

Franczek P.C. on

In the fiercely competitive market for talent, human resources personnel and recruiters inevitably feel the competing pressures of offering compensation packages that are attractive to potential employees and keeping costs...more

FordHarrison

DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

FordHarrison on

In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,...more

Troutman Pepper

Antitrust Division Threatens Criminal Prosecution for Employment Practices: Antitrust Agencies Issue Joint Guidance on Employment...

Troutman Pepper on

Even in the absence of an agreement to fix compensation, simply exchanging competitively sensitive information could serve as evidence of an implicit illegal agreement. On October 20, the Department of Justice (DOJ) and...more

Littler

DOJ and FTC Release Antitrust Guidance for HR Professionals

Littler on

Employment lawyers and human resources professionals, take note:  In 2016, in addition to knowing the ins and outs of labor and employment law, the federal government and its enforcement entities expect that you have more...more

Sherman & Howard L.L.C.

Antitrust Pitfalls for HR

Sherman & Howard L.L.C. on

HR professionals and others involved in hiring and compensation decisions might be violating antitrust laws. HR professionals must take special care not to enter into “agreements” with competing companies about the terms of...more

Perkins Coie

DOJ and FTC Issue Guidance and Announce Policy Shift Regarding Antitrust Challenges to Hiring and Compensation Decisions

Perkins Coie on

The U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resources Professionals on October 20, 2016. The guidance addresses the applicability of...more

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