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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

Troutman Pepper

Water Cooler Talk: Investigation Lessons in 'Minority Report'

Troutman Pepper on

“Minority Report,” a cinematic masterpiece that debuted over 20 years ago, continues to resonate with audiences today. Directed by Steven Spielberg and starring Tom Cruise, the movie takes place in the year 2054 where a...more

Manatt, Phelps & Phillips, LLP

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

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

Littler

Federal and State Authorities Bring Antitrust Enforcement to the Contingent Workforce Sector

Littler on

The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens....more

Fisher Phillips

White House Issues Sweeping AI Executive Order: 10 Things Employers Need to Know

Fisher Phillips on

The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more

Kelley Drye & Warren LLP

Big Brother & Biased Bots: Practical Considerations for Using AI in Employment Decision-Making

The adoption of artificial intelligence (AI) in the workplace is accelerating with an increasing number of employers integrating AI-related technologies into every stage of the employment lifecycle – from recruitment to...more

Manatt, Phelps & Phillips, LLP

Fresh Off the Grill: No-Poach Agreements May Lead to Per Se Antitrust Liability, Says 7th Circuit

Introduction - No-poach agreements, wherein companies agree not to solicit or hire employees away from a competitor, have been targeted by the White House, the Federal Trade Commission (FTC) and the Antitrust Division....more

Akin Gump Strauss Hauer & Feld LLP

EEOC Settles Over Recruiting Software in Possible First Ever AI-related Case

On September 8, 2023, federal court approved a consent decree from the Equal Employment Opportunity Commission (EEOC) with iTutorGroup Inc. and its affiliates (“iTutor”) over alleged age discrimination in hiring, stemming...more

ArentFox Schiff

EEOC Brings First-of-Its-Kind Enforcement Action Against Employer for Using Artificial Intelligence to Discriminate Against...

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Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more

Goodwin

US Antitrust Agencies Release Revised Draft Merger Guidelines

Goodwin on

On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released a long-awaited draft version of revised Merger...more

BCLP

Back to the Future: Antitrust Agencies Announce New Draft Merger Guidelines

BCLP on

On July 19, 2023, the Federal Trade Commission and Department of Justice, Antitrust Division (together, the “Agencies”) announced new draft Merger Guidelines (“Draft Guidelines”), which detail the analysis the Agencies will...more

Williams Mullen

Federal Antitrust Regulators Announce Proposed New Merger Guidelines

Williams Mullen on

On July 18, 2023, the DOJ Antitrust Division and the Federal Trade Commission released new Guidelines detailing the principles that they intend to apply when reviewing mergers. The Guidelines, issued in draft form for public...more

Manatt, Phelps & Phillips, LLP

AI Gets Attention From Federal Agencies

In a joint statement, the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ) and Equal Employment Opportunity Commission (EEOC) expressed concern about the potential for...more

WilmerHale

Four Federal Agencies Reaffirm Authority to Monitor Automated Systems for Unlawful Discrimination and Other Federal Law Violations

WilmerHale on

On April 25, 2023 four federal agencies—the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), the United States Department of Justice (DOJ), and the U.S. Equal Employment Opportunity Commission...more

Wilson Sonsini Goodrich & Rosati

Court Dismisses DOJ’s Latest “No-Poach” Case Before Jury Deliberations

In another blow to the U.S. Department of Justice’s (DOJ’s) efforts to criminalize “no-poach” and “wage-fixing” agreements, a federal judge terminated the DOJ’s latest “no-poach” case mid-trial before jury deliberations....more

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

EEOC Issues Joint Statement on Automated Systems and AI Concerns With Other Agencies

On April 25, 2023, four U.S. federal agencies issued a joint statement pledging to enforce federal laws to “promote responsible innovation” in the context of automated decision-making and artificial intelligence (AI) systems...more

Epstein Becker & Green

Federal Agencies Issue “Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems”

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On Tuesday, April 25, 2023, the Equal Employment Opportunity Commission (“EEOC”), Consumer Financial Protection Bureau (“CFPB”), Justice Department’s Civil Rights Division (“DOJ”), and the Federal Trade Commission (“FTC”)...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

Frantz Ward LLP

Unlocking the Handcuffs: Department of Justice Obtains Guilty Plea in “No-Poach” Hiring Agreement Case

Frantz Ward LLP on

The Department of Justice has claimed its first victory in attacking “no-poach” agreements after a Nevada staffing company pled guilty and was sentenced to pay $134,000.  The case arose out of a concerted effort by the...more

Dechert LLP

Criminal guilty plea in nurse staffing case shows labor market antitrust concerns are not going away

Dechert LLP on

Over the past several years, U.S. antitrust agencies have renewed enforcement focus on labor issues, including agreements involving employee hiring and compensation. These include agreements by horizontal competitors to set...more

Ballard Spahr LLP

DOJ Secures First Win in Criminal No Poach Action

Ballard Spahr LLP on

On October 27, 2022, VDA OC, LLC, (VDA) a Nevada health care staffing company, pleaded guilty to participating in a conspiracy to suppress and eliminate competition for the services of school nurses. According to the plea,...more

Epstein Becker & Green

FTC Reaches Agreement with NLRB to Further Protect Labor Markets

Epstein Becker & Green on

The Federal Trade Commission (FTC) and the Department of Justice have prioritized the protection of labor markets. From scrutinizing “no-poach” agreements and restrictive covenants to analyzing the impact of mergers and...more

Holland & Knight LLP

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

Holland & Knight LLP on

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

ArentFox Schiff

Privacy Report: California Privacy Protection Agency Releases Draft CPRA Regulations

ArentFox Schiff on

California Privacy Protection Agency Releases Draft CPRA Regulations - The California Privacy Protection Agency (CPPA) just released proposed California Privacy Rights Act (CPRA) regulations. The regulations expand...more

Vinson & Elkins LLP

DOJ's Aggressive Pursuit of 'No Poachers'

Vinson & Elkins LLP on

On January 28, 2022, the United States District Court for the District of Colorado declined to dismiss a criminal antitrust indictment alleging a dialysis operator, DaVita Inc. (“DaVita”), and its former CEO colluded with...more

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