News & Analysis as of

Criminal Liability No-Poaching Sherman Act

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can Non-Compete Agreements Lead to Jail Time?

Can non-compete agreements lead to criminal fines—or even jail time? Yes, they can. That is because violating the Sherman Antitrust Act can result in criminal charges, not just civil liability....more

Mintz - Antitrust Viewpoints

DOJ Continues its Enforcement Efforts Against Anticompetitive Conduct in Labor Markets, Charges Health Care Company for No-Poach...

Last week, the Department of Justice (“DOJ”) announced the criminal indictment of Surgical Care Affiliates LLC (“SCA”), an Alabama- and Illinois-based company, which owned and operated outpatient medical centers around the...more

Pullman & Comley, LLC

Competitor "No Poach Agreements" Can Lead to Criminal Prosecutions, Fines and Jail Time

Pullman & Comley, LLC on

“No poach” agreements -- agreements between two or more competitors that neither will recruit or hire the other’s employees – have long been held to violate the antitrust laws.  The United States Justice Department and...more

Foley & Lardner LLP

Can Hiring Away a Competitor’s Employees Be an Antitrust Problem?

Foley & Lardner LLP on

A senior sales executive for your biggest competitor is looking to jump ship, and wants to join your company. Your management is thrilled. Not only will your company gain a talented salesperson with industry knowledge and...more

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