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Federal Trade Commission (FTC) Antitrust Division Employer Liability Issues

A&O Shearman

District Courts Split On Federal Trade Commission’s Non-Compete Clause Rule

A&O Shearman on

On July 23, 2024, Judge Kelley Brisbon Hodge of the United States District Court for the Eastern District of Pennsylvania denied plaintiff’s motion for a preliminary injunction seeking to enjoin the Federal Trade Commission...more

Troutman Pepper

Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct

Troutman Pepper on

Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification...more

Parker Poe Adams & Bernstein LLP

FTC Again Signals Strong Focus on Independent Contractor Misclassification Actions

The Federal Trade Commission (FTC) continued its steady march toward broadening its enforcement over labor and employment conduct using antitrust laws in early February when Commissioner Alvaro Bedoya declared that the...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

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

Holland & Knight LLP

Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare

Holland & Knight LLP on

In this episode of "Counsel That Cares," antitrust attorney David Kully and labor and employment attorney Mark Peters take a deep dive into the latest updates regarding non-solicitation and non-compete agreements in the...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

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Announces Employee Non-Compete Agreements Violate the NLRA

On the heels of the National Labor Relations Board’s decision in McLaren Macomb, which invalidated most confidentiality and nondisparagement provisions in a variety of employment agreements (as we covered here and here), NLRB...more

White & Case LLP

CMA joins the global pack and signals increased antitrust scrutiny of labour markets

White & Case LLP on

The UK antitrust authority, the CMA, has recently published a guide for employers on how to avoid breaching UK antitrust law in labour markets. This publication signals the UK's intent to ratchet up antitrust scrutiny of...more

Perkins Coie

Recent Large Government Settlements Reflect Unique Risks to Employers for Antitrust Violations

Perkins Coie on

Employers who share information with competitor employers about employee compensation, including wages and benefits, face greater risks of government investigations into violations of antitrust laws. The U.S. Department of...more

Mintz - Employment Viewpoints

The NLRB’s Busy July – A Harbinger of Future Coordinated Federal Action Between the NLRB, FTC, and DOJ

July was a busy month for the National Labor Relations Board (“NLRB”).  In the span of a week, the NLRB signed Memoranda of Understanding (“MOU”) with both the Federal Trade Commission and the U.S. Department of Justice’s...more

Epstein Becker & Green

Antitrust Enforcers Continue March to Protect Labor Markets in Health Care and Other Industries

Epstein Becker & Green on

On January 28, 2022, a federal grand jury in Maine returned an indictment charging four managers of home health care agencies with participating in a conspiracy to suppress the wages and restrict the job mobility of Personal...more

Dentons

Antitrust Concerns for Employers

Dentons on

In July of 2021, President Biden issued Executive Order 14036, which affirmed the executive branch’s policy to enforce antitrust laws. Two aspects of the Order relate directly to employment law...more

Womble Bond Dickinson

Opportunity Economy: Risks in Antitrust Enforcement

Womble Bond Dickinson on

Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2021

Fenwick & West LLP on

In This Issue - Assignor Estoppel: When Are Inventors Allowed to Attack Their Own Inventions? In Minerva v. Hologic, the Supreme Court recently upheld the patent-law doctrine of assignor estoppel—which bars the...more

Womble Bond Dickinson

Wage Fixing & Anti-Poaching Defense: Feds Take New, Aggressive Stand on No-Poach/Non-Solicit Agreements

Womble Bond Dickinson on

Federal regulators are taking an increasingly hard line on what are normally ordinary business operations that regulators view as suppressing wages and competition.  Antitrust issues can arise in every aspect of your...more

Latham & Watkins LLP

DOJ’s First Criminal Charges for Wage-Fixing and No-Poach Labor Agreements: 6 Key Takeaways

Latham & Watkins LLP on

With increased scrutiny of anticompetitive conduct in labor markets, companies need to adopt proactive compliance efforts to avoid prosecution. The US Department of Justice’s (DOJ’s) Antitrust Division recently announced...more

King & Spalding

DOJ Brings First Criminal Wage Fixing Complaint

King & Spalding on

On December 10, 2020, the Antitrust Division of the U.S. Department of Justice announced the indictment of Neeraj Jindal, a former owner of a therapist staffing company, for a criminal conspiracy to fix wages paid to physical...more

Miles & Stockbridge P.C.

No-poach Agreements Continue to Take Center Stage in 2019

‘No-poach’ agreements between businesses not to compete with each other for employees have long been held unlawful under Section 1 of the Sherman Antitrust Act, which prohibits certain restraints on trade and competition....more

Alston & Bird

With New Round of No-Poach Allegations, Government Fires a Shot Across the Bow at Anticompetitive Employment Practices

Alston & Bird on

In the first of what is expected to be a new wave of antitrust challenges to agreements among companies not to recruit or hire each other’s employees, the U.S. Department of Justice Antitrust Division (DOJ) recently announced...more

BakerHostetler

DOJ Intends to Criminally Prosecute No Poaching Agreements

BakerHostetler on

The Antitrust Division of the Department of Justice (DOJ) has recently confirmed that it intends to bring criminal antitrust prosecutions of companies that have entered into “wage-fixing” or “no poaching” agreements. At a...more

Mintz - Employment Viewpoints

Antitrust Attacks on “No-Poach” Agreements Between Employers Accelerating

As we reported in an earlier blog post, the Federal Trade Commission and Department of Justice issued guidance in the waning days of the Obama administration reminding HR professionals and others that the antitrust laws could...more

BCLP

Antitrust Division to Criminally Prosecute No-Poaching Agreements

BCLP on

The Antitrust Division of the Department of Justice (“DOJ”) has indicated that, in the coming months, it intends to criminally prosecute companies that have entered into naked no-poaching agreements for violation of the...more

Bass, Berry & Sims PLC

DOJ: No-poach Agreements Violate Antitrust Laws, Criminal Penalties Against Companies Are On the Way

Expect criminal indictments in the near future against companies that have agreed not to recruit or hire each other's employees. That was the strong message from Makan Delrahim, the new Assistant Attorney General for the...more

K&L Gates LLP

Assistant Attorney General Announces that DOJ Antitrust Division is Building Criminal Cases Against Companies for Anti-Poaching...

K&L Gates LLP on

The Assistant Attorney General for the Antitrust Division of the Department of Justice (DOJ) recently announced that the DOJ is currently developing criminal cases against companies who form agreements not to hire each...more

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