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Judge Acquits All in Most Recent DOJ No-Poach Setback

The Department of Justice (DOJ) Antitrust Division recently suffered another setback in its most recent effort to secure criminal convictions for labor-side violations of Section 1 of the Sherman Act. In perhaps the DOJ’s...more

Antitrust Division Calls on Activision to Do Its Duty to eSports League Players

On April 3, the Department of Justice's Antitrust Division (DOJ) filed a complaint against and settlement with Activision Blizzard, Inc. (Activision), alleging the company violated Section 1 of the Sherman Act....more

DOJ Fails to Convict in No-Poach/Wage Fixing Case

The Department of Justice (DOJ) Antitrust Division recently suffered another setback in its most recent effort to secure criminal convictions for labor-side violations of Section 1 of the Sherman Act. Having finally secured a...more

DOJ Evolves Its Strategy of Increased Criminalization of Employment Restrictions Under Antitrust Laws

The Biden administration’s Department of Justice (DOJ) Antitrust Division recently secured its first criminal conviction for a labor-side violation of Section 1 of the Sherman Act after VDA OC LLC (VDA) entered a guilty plea....more

Federal Court Denies DOJ's Request to File Statement of Interest in Pending McDonald's No-Poach Class Action

The Biden administration's Department of Justice, Antitrust Division (DOJ) continues a practice largely begun under the Trump administration of intervening in private litigation and requesting permission to file statements of...more

Recent DOJ Action in the No-Poach Arena

Since issuing its 2016 Antitrust Guidance affirming focus on enforcement of fair competition in labor-employment buy-side markets and warning of criminal remedies for those participating in illegal no-poach agreements, the...more

Are No-Hire Provisions Now Void and Unenforceable Under Pennsylvania Law?

On January 11, an en banc panel of the Superior Court of Pennsylvania affirmed a trial court’s decision declaring that a no-hire provision in a commercial contract between two businesses was void and unenforceable under...more

Recent FTC Settlement Confirms Enforcement Priority to Protect Employees From Employer Collusion

On July 31, the FTC published its settlement with Therapy Source, LLC; its owner, Sheria Yarbray; and Neeraj Jindal, the former owner of a competing staffing company — Integrity Home Therapy (collectively, the respondents)....more

No-Poach Agreements Targeted by Plaintiffs, Enforcement Agencies and Senators

Agreements among companies to not hire each other’s workers are more risky than ever. The DOJ’s Assistant Attorney General for the Antitrust Division, Makan Delrahim, stated on January 19 that the division has criminal cases...more

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