News & Analysis as of

No-Poaching Enforcement Actions No-Hire/No-Solicitation Agreements

Hinch Newman LLP

Will the FTC Under President-Elect Trump Reject Novel Liability Theories?

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President-elect Donald Trump recently announced that Republican Commissioner Andrew Ferguson will chair the Federal Trade Commission during Mr. Trump’s second administration. Commissioner Ferguson is also a known critic of...more

Ius Laboris

Big Fines for Anti-competitive Practices in Belgium

Ius Laboris on

The Belgian Competition Authority recently rendered a decision imposing significant fines totaling EUR 47 million on competitors guilty of a variety of anti-competitive agreements, including ‘no-hire’ clauses....more

McDermott Will & Emery

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

McDermott Will & Emery on

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

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

Vinson & Elkins LLP

Prominent Services Contractors Ensnared in No-Poach Class Action

Vinson & Elkins LLP on

For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...more

Lewitt Hackman

FRANCHISOR 101: Thrust Into Antitrust

Lewitt Hackman on

Jimmy John’s will face antitrust claims, after an Illinois federal judge declined to dismiss allegations in a class action. Plaintiffs claim the chain’s franchise agreement harmed competition by preventing franchisee...more

Lewitt Hackman

FRANCHISOR 101: No Poach for You

Lewitt Hackman on

Franchise agreements commonly prohibit the franchisee from soliciting or hiring workers employed by the franchisor or other franchisees. This may take the form of “no-hire” or “no-switching” clauses that prohibit hiring each...more

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