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Indictments No-Poaching

Epstein Becker & Green

DOJ Seeks to Dismiss Its Last Pending No-Poach Criminal Action

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As we discussed earlier this year, the U.S. Department of Justice (“DOJ”) in recent years has brought numerous criminal prosecutions against companies accused of engaging in so-called “naked” no-poach agreements, i.e.,...more

Arnall Golden Gregory LLP

AGG Talks: Antitrust and White-Collar Crime Roundup - Inside the World of No-Poach Investigations and Indictments

In this episode, Jeff Jacobovitz, AGG trial attorney, chair of the firm’s Antitrust group, and former Federal Trade Commission attorney, will discuss the recent civil and criminal investigations and indictments for “no-poach...more

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

Williams Mullen on

In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more

Frantz Ward LLP

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

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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

BakerHostetler

DOJ Antitrust Division Not Backing Down on Labor

BakerHostetler on

​​​​​​​Despite back-to-back losses in the Department of Justice’s (DOJ) first-ever criminal no-poach and wage-fixing cases, the Antitrust Division (the Division) is not backing down from its enforcement focus on labor. In...more

McDermott Will & Emery

Views and Lessons from the Trenches of the First Criminal No-Poach Trial

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In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO...more

Fisher Phillips

Forecast: February 2022 Edition

Fisher Phillips on

Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more

Baker Donelson

DOJ Cracks Down on Alleged Wage Fixing and No Poach Agreements

Baker Donelson on

On January 28, 2022, the U.S. Department of Justice (DOJ) announced its indictment of four owners or managers of home health care agencies for allegedly violating federal antitrust laws by conspiring to fix the rates paid to...more

White & Case LLP

Four key antitrust events in Q4 2021 target labor markets and aim to protect workers: Here's what you need to know

White & Case LLP on

The focus on using the antitrust laws to target labor markets has been gaining momentum for years, but the close of 2021 saw the trend hit overdrive with antitrust attacks on perceived harm to workers coming from all corners...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

The Volkov Law Group

Department of Justice Does the Two-Step and Announces Criminal Conspiracy Charges Against Aerospace Executives

The Volkov Law Group on

When the Department of Justice warns businesses and individuals, everyone needs to listen and respond accordingly.  Starting in 2016, the Justice Department’s Antitrust Division warned businesses that the Antitrust Division...more

Benesch

Dialysis & Nephrology Digest - August 2021

Benesch on

DaVita, former CEO indicted in federal market collusion case - DaVita and the company’s former CEO, Kent Thiry, were alleged to have conspired with Surgical Care Affiliates to suppress competition for senior-level...more

Arnall Golden Gregory LLP

Recent DOJ Indictment with Criminal Wage Fixing and No-Poach Agreement

The Department of Justice’s Antitrust Division (DOJ) has once again indicted health care individuals and a health care company for violations of Section 1 of the Sherman Act.  On March 30, 2021, the DOJ indicted a Regional...more

Vinson & Elkins LLP

Antitrust Authorities Focused On Employer Collusion In Labor Markets: DOJ Antitrust Division Brings Another Criminal No-Poach,...

Vinson & Elkins LLP on

The Department of Justice’s (“DOJ”) Antitrust Division has brought its third criminal antitrust case involving labor markets — this time against a healthcare staffing company and its former manager for allegedly agreeing not...more

The Volkov Law Group

Antitrust Division Charges Health Care Staffing Company with Criminal Wage-Fixing and No-Poaching Agreement

The Volkov Law Group on

The Justice Department’s Antitrust Division is pushing criminal enforcement against companies for illegal wage-fixing among competitors in the hiring market. ...more

Mintz - Antitrust Viewpoints

Staffing Company Criminally Indicted for Targeting School Nurses in Wage-Fixing and No-Poach Scheme

The Department of Justice (“DOJ”) announced yesterday a criminal indictment returned by a federal grand jury in Las Vegas, Nevada charging a health care staffing company and its former manager of entering into and engaging in...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Brings First Criminal Challenges to Wage-Fixing and No-Poach Agreements

More than four years after the U.S. Department of Justice (DOJ) and U.S. Federal Trade Commission (FTC) jointly released the Antitrust Guidance for Human Resource Professionals in 2016 (Antitrust Guidance), the DOJ has...more

Jones Day

DOJ Continues Labor Market Scrutiny with Another Corporate Indictment

Jones Day on

Indictment is DOJ's second recently filed in the North District of Texas. The Department of Justice ("DOJ") has brought a criminal indictment against a corporate defendant for agreeing with competitors not to solicit...more

Alston & Bird

Government Begins Criminal Prosecutions for “Wage-Fixing” and “No-Poach” Agreements

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The Department of Justice recently followed through on its stated intent to bring criminal actions against companies and individuals for alleged anticompetitive employment practices. Our Antitrust and Labor & Employment...more

ArentFox Schiff

US DOJ Issues First Indictment for No-Poach Agreement

ArentFox Schiff on

In 2016, the US Department of Justice issued its Antitrust Guidance for Human Resources Professionals (Antitrust Guidance), in which it warned that criminal charges may result if corporations enter into “naked no-poach...more

Arnall Golden Gregory LLP

Employers Beware: Recent Criminal Antitrust Cases Involving Wage Suppression and No-Poach Agreements

The Department of Justice Antitrust Division (“DOJ”) has recently announced two indictments alleging criminal antitrust violations against employers involving wage negotiation and no-poach theories. The cases, which...more

Epstein Becker & Green

Less Than a Month After DOJ Brings Its First Wage-Fixing Indictment, DOJ Brings Its First “No-Poach” Indictment

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In the past month, the U.S. Department of Justice (DOJ) has made good on its 2016 threat, contained in its Antitrust Guidance for Human Resource Professionals (“Antitrust Guidance”) to bring criminal charges against people or...more

Cozen O'Connor

Antitrust Enforcers Lodge First Criminal Indictment for Violation of No-Poach Agreement

Cozen O'Connor on

The Department of Justice (DOJ) is carrying out its promise to prosecute illegal “no-poach” agreements between companies. Until last week, DOJ had brought only civil enforcement actions against companies that have allegedly...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

BakerHostetler

Healthcare Indictment Marks Justice Department's First Criminal No-Poach Case

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On January 7, 2021, the Department of Justice (DOJ) announced a grand jury indictment of Surgical Care Affiliates LLC (SCA) and a related entity, which own and operate outpatient medical care centers across the country. The...more

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