News & Analysis as of

Employer Liability Issues Restrictive Covenants Department of Justice (DOJ)

Sheppard Mullin Richter & Hampton LLP

DOJ and FTC Issue Antitrust Guidelines for Business Activities Affecting Workers

Four days before President Trump took office, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) (together, “the Agencies”) under the Biden administration released their “Antitrust Guidelines for Business...more

Venable LLP

Antitrust in the Workplace: DOJ and FTC Issue Guidelines for Business Activities Affecting Workers

Venable LLP on

On January 16, 2025, the Antitrust Division of the Department of Justice and the Federal Trade Commission jointly issued new guidance for employment practices that impact workers. ...more

Spilman Thomas & Battle, PLLC

NLRB’s GC Piles on to Increase Regulatory Scrutiny of Non-Compete Agreements

As we have often discussed, the National Labor Relations Board under the Biden administration has prioritized expanding employees’ rights under Section 7 of the National Labor Relations Act (the “Act”). Most recently, in GC...more

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

Jenner & Block

Latest Decisions in Criminal No-Poach and Civil Non-Compete Cases Indicate Continuing Scrutiny of Restrictive Covenants

Jenner & Block on

Parties in Criminal No-Poach Case Reach Pre-Trial Resolution - Recently, the parties in United States v. Hee notified District Court Judge Boulware of the District of Nevada that they reached a preliminary plea deal. The...more

K&L Gates LLP

Federal Agencies Signal Further Hostility Towards Noncompetition Agreements

K&L Gates LLP on

On 9 July 2021, President Biden issued an executive order (EO) tasking the Treasury Department, in combination with the Department of Justice (DOJ), the Department of Labor (DOL), and the Federal Trade Commission, with...more

Faegre Drinker Biddle & Reath LLP

DOJ Encourages State Court to Consider Antitrust Principles to Invalidate Non-Compete Agreements

Non-compete agreements between employers and their employees traditionally are governed by state law. But that did not stop the Antitrust Division of the Department of Justice (DOJ) from recently filing a statement of...more

BakerHostetler

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Nationalizing Competitiveness and Noncompete Law: Criminal...

BakerHostetler on

Nationalizing Competitiveness and Noncompete Law: Criminal Antitrust and Federal Efforts to Curtail No-Poach and Noncompete Agreements is part five of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes...more

Benesch

Just like 2021, the DOJ and FTC will remain active in the Restrictive Covenant Space

Benesch on

2021 saw significant activity by both the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) in 2021. The DOJ, for example, finally followed through on its 2016 warning/threat to investigate and potentially...more

McGuireWoods LLP

Forthcoming Executive Order Targets Employee Noncompete Agreements

McGuireWoods LLP on

At a press briefing on July 7, 2021, the White House announced that President Joe Biden plans to issue an executive order aimed at restricting the use of noncompete agreements by private employers....more

Faegre Drinker Biddle & Reath LLP

The Pennsylvania Supreme Court Strikes Down a No-Hire Agreement as an Unreasonable Restraint on Trade

Recently, in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC, No. 31 WAP 2019, — A.3d –, 2021 WL 1676399 (Apr. 29, 2021), the Pennsylvania Supreme Court found that a no-hire provision that was ancillary to a...more

Baker Donelson

The New Landscape for Non-Compete Law in 2019 and Beyond

Baker Donelson on

For years, employers have relied on the use of restrictive covenants to protect their companies from unfair competition by former employees and competitors. Original published in Maryland State Bar Association Section of...more

Shumaker, Loop & Kendrick, LLP

Employee ‘No Poaching’ Agreements Meet the Antitrust Laws: Protection of Employees in the New Economy

For centuries employers have maintained a strong interest in trying to protect their most valuable asset, their key employees, from solicitation by and loss to other employers, especially competitors. As a result, “no...more

Troutman Pepper Locke

Antitrust Division Threatens Criminal Prosecution for Employment Practices: Antitrust Agencies Issue Joint Guidance on Employment...

Troutman Pepper Locke on

Even in the absence of an agreement to fix compensation, simply exchanging competitively sensitive information could serve as evidence of an implicit illegal agreement. On October 20, the Department of Justice (DOJ) and...more

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