News & Analysis as of

Class Action No-Poaching Antitrust Violations

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Bilzin Sumberg

District Court Denies Burger King’s Motion to Dismiss Putative Class Action Related to No-Poaching Provisions in Franchise...

Bilzin Sumberg on

Arrington v. Burger King Worldwide, Inc., No. 1:18-cv-24128 (S.D. Fla. Oct. 5, 2018) – In October 2018, Jarvis Arrington, a former employee at a Burger King franchisee in Illinois, filed a class action complaint against...more

Bradley Arant Boult Cummings LLP

Fourth Circuit Decides “Non-Ink-to-Paper” Agreement Among Defense Contractors May Toll Statute of Limitations for Antitrust Claims

On May 9, 2025, the U.S. Court of Appeals for the Fourth Circuit published a significant decision in Scharpf v. General Dynamics Corp., reviving a dormant class action lawsuit against a group of the country’s largest naval...more

Ervin Cohen & Jessup LLP

SCOTUS Denies Petition to Review McDonald’s No Poach Lawsuit

On March 18, 2024, the Supreme Court of the United States (the “Supreme Court”) denied a petition for writ of certiorari brought by McDonald’s USA, LLC (“McDonald’s”). McDonald’s had asked the Supreme Court to review a...more

CDF Labor Law LLP

California Assists New York Employees in No-Poach Case

CDF Labor Law LLP on

A private class-action complaint claimed that the department store, Saks, and several luxury brands (including Louis Vuitton, Loro Piana, Prada, Brunello and Fendi) violated Federal Antitrust laws when they agreed that each...more

Bilzin Sumberg

Eleventh Circuit Revives Putative Class Action Against Burger King for Violation of Federal Antitrust Laws Based on No-Poaching...

Bilzin Sumberg on

Arrington v. Burger King Worldwide, Inc., No. 20-13561 (11th Cir. Aug. 31, 2022) – In October 2018, a former line cook of a Burger King franchise restaurant in Illinois, filed a class action complaint in the District Court...more

Vinson & Elkins LLP

Prominent Services Contractors Ensnared in No-Poach Class Action

Vinson & Elkins LLP on

For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...more

McDermott Will & Emery

Cartel Snapshot - June 2019

McDermott Will & Emery on

The Department of Justice (DOJ) Antitrust Division announced three new investigations and several developments in its other investigations, including new investigations in the commercial flooring industry, online auctions for...more

Hogan Lovells

A new player: DOJ opines in private "no-poach" litigation

Hogan Lovells on

Over the last several weeks, the U.S. Department of Justice (DOJ) submitted notices of intent to file statements of interest in five "no-poach" class actions. ...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

Lewitt Hackman

FRANCHISOR 101: Thrust Into Antitrust

Lewitt Hackman on

Jimmy John’s will face antitrust claims, after an Illinois federal judge declined to dismiss allegations in a class action. Plaintiffs claim the chain’s franchise agreement harmed competition by preventing franchisee...more

Polsinelli

Anti-Poaching Provisions in Franchise Agreements Are Drawing Increased Scrutiny

Polsinelli on

Franchise agreements often contain provisions prohibiting the franchisee from soliciting or hiring workers employed by the franchisor or other franchisees. Such “anti-poaching” agreements have recently come under increased...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

Patterson Belknap Webb & Tyler LLP

Duke and UNC: Cooperation Off the Basketball Court?

As the college basketball season heats up, bitter rivals Duke and the University of North Carolina stand accused of maintaining a cozier (and illegal) relationship off the court. UNC, the UNC School of Medicine, and the UNC...more

Miller Canfield

Does Your Human Resources Department Understand Antitrust?

Miller Canfield on

Several Hollywood companies have agreed to pay $170 million to settle a class-action lawsuit by animators who claimed their wages were depressed by unlawful anti-poaching agreements. The recent settlements highlight that now...more

Fenwick & West LLP

Fenwick Employment Brief

Fenwick & West LLP on

California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and beyond. ...more

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