AGG Talks: Antitrust and White-Collar Crime Roundup - Inside the World of No-Poach Investigations and Indictments
#WorkforceWednesday: ACA Preventive Coverage Mandate Blocked, Another No-Poach Loss for DOJ, and Employers Prepare for the End of the COVID-19 Emergencies - Employment Law This Week®
Trade Secret / Restrictive Covenant 2022 Year In Review (Fairly Competing, Episode 19)
Class Action | Eleventh Circuit Reinstates No Hire Antitrust Claims Against Burger King
Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 100: Marguerite Willis, Nexsen Pruet Attorney
The Latest on Antitrust Compliance
III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes
Employment Law This Week®: Employee Mobility
II-31- The Changing 9 to 5 From 1980 to Today
Employment Law This Week®: Criminal Prosecution of Anti-Poaching Agreements, EEOC Publishes 2017 Data, Organizational Changes at NLRB, NYC’s “Cooperative Dialogue” Requirements
II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories
In October 2016, the Obama Administration announced that it would criminally prosecute no-poach and wage-fixing agreements among competitors for talent. Starting in December 2020, through the Trump and Biden Administrations,...more
The Federal Trade Commission (“FTC”) and the Colorado attorney general have filed separate lawsuits challenging the proposed acquisition by The Kroger Company (“Kroger”) of Albertsons Companies, Inc. (“Albertsons”). Two...more
The year 2023 ended with a bang in the cartel space, with a federal court of appeals upending what was long believed to be the scope of conduct that should be considered per se under the Sherman Act. The new year, 2024,...more
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
The Department of Justice’s years-long campaign to criminally prosecute no-poach agreements may be taking a hiatus. On November 13, 2023, the DOJ moved to dismiss its indictment against Surgical Care Affiliates, LLC (“SCA”),...more
The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more
The Department of Justice’s Antitrust Division has suffered setbacks in its precedent-setting criminal prosecution of no-poach agreements in labor markets. The latest and perhaps most surprising defeat occurred when the...more
On April 28, 2023, the Department of Justice Antitrust Division suffered another setback to its expanded criminal prosecution of no-poach agreements. The trial court in United States v. Patel, et al., granted a motion to...more
Labor Market Meets Competition Law - In a labor market where companies are competing to attract and retain talent, the rising shortage of highly-skilled employees, high mobility, and high salary demands in certain market...more
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
On March 16, the U.S. Department of Justice Antitrust Division (“DOJ Antitrust Division”) announced that a federal grand jury returned an indictment charging a former health care staffing executive of fixing wages for nurses....more
Two of the Department of Justice’s labor-market criminal antitrust prosecutions have seen interesting recent developments. (See our previous coverage of this prosecution trend, reported on: Feb. 9th; May 2nd; Sept. 22nd; and...more
It has been a tumultuous year for the Department of Justice (“DOJ”) and its recent no-poach criminal prosecution strategy. No-poach agreements, which are arrangements between companies that place restrictions on the hiring...more
In 2022, antitrust authorities around the world were pursuing more investigations, bringing new types of cases, and making policy changes to spark even more enforcement actions. In the United States, the Department of...more
Last month, the DOJ finally secured its first criminal conviction for a labor-market antitrust offense. (Check here for our previous coverage of this prosecution trend.) VDA OC LLC (“VDA”), a healthcare staffing company,...more
It is no secret that the Department of Justice (DOJ) has been largely unsuccessful in the criminal no poach cases it has brought to trial to date. Its most public loss came with the acquittals earlier this year of DaVita, a...more
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
In early September, the Eleventh Circuit reversed the district court’s judgment for defendants Burger King Corporation, Burger King Worldwide, Inc., and their ultimate parent Restaurant Brands International, Inc....more
The U.S. Department of Justice appears to be close to reaching a plea deal that would result in the nation’s first-ever successful criminal prosecution of a workplace-related antitrust matter – and it should send a clear...more
A federal judge in the U.S. District Court for the Northern District of Illinois has held that an antitrust challenge to a “hiring restriction [that] prevented” plaintiff employees “from taking a better-paying position with a...more
Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more
Last month, the first two trials arising from the DOJ’s recent push to criminally prosecute wage-fixing and employee non-solicitation agreements both ended in acquittals on the antitrust charges. In United States v. Jindal,...more
On April 14, a jury in the Eastern District of Texas handed the U.S. Department of Justice its first loss in prosecuting an alleged wage-fixing crime and the first verdict ever in a criminal prosecution of wage-fixing under...more
In the span of 24 hours, two closely-watched federal jury trials both ended in defeat last week for the Department of Justice, Antitrust Division (“the Division”). The trials were considered bellwethers in gauging how the...more
In 2016, the U.S. Department of Justice Antitrust Division (DOJ) announced that it would criminally prosecute no-poach and wage-fixing agreements for the first time. Indeed, the DOJ has backed this up by bringing a number of...more