News & Analysis as of

Criminal Liability Non-Compete Agreements

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

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...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

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

Benesch

Companies Beware - Colorado Continues its Assault on Restrictive Covenants

Benesch on

Colorado enacted a restrictive covenant statute on March 1, 2022 that voided restrictive covenant agreements unless the agreements a) concerned the purchase and/ or sale of a business, b) were specifically designed to protect...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

Hogan Lovells

Department of Justice suggests that employee non-competes could be criminally prosecuted

Hogan Lovells on

On 25 February the U.S. Department of Justice (DOJ) submitted a statement of interest in a Nevada State court lawsuit filed by a group of anesthesiologists alleging that non-compete provisions in their employment agreements...more

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

Colorado Cracks Down on Restrictive Covenant Agreements, Authorizing Potential Criminal Penalties

Colorado has enlisted the help of the criminal justice system to reinforce its strong public policy against restrictive covenants. Beginning on March 1, 2022, violations of Colorado’s restrictive covenants statute, C.R.S. §...more

Epstein Becker & Green

Small Change in Colorado Law Could Have Large Effect: Criminalizing Restrictive Covenants

Epstein Becker & Green on

Colorado statutory law has traditionally limited enforcement of restrictive covenants. C.R.S. § 8-2-113, entitled “Unlawful to intimidate worker – agreement not to compete,” provides that all contractual restrictions on a...more

Littler

Colorado Criminalizes Certain Restrictive Covenants

Littler on

Colorado’s legal landscape continues to shift. Through one sentence in a 304-page bill enacted in 2021, SB 21-271 criminalized violations of Colorado’s restrictive-covenant statute, section 8-2-113, C.R.S.  Effective March 1,...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

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

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