News & Analysis as of

No-Poaching Franchisors 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

Lathrop GPM

Seventh Circuit Reverses Dismissal of Anti-Poaching Class Action Against McDonald’s

Lathrop GPM on

In an important case of first impression that drew amicus participation from the Department of Justice, the Federal Trade Commission, and the International Franchise Association, the Seventh Circuit reversed a judgment in...more

Troutman Pepper Locke

Recent No-Poach Developments: Hold the Pickle, Hold the Dismissal — Eleventh Circuit Overturns Burger King's District Court...

Troutman Pepper Locke on

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

Stark & Stark

No-Poach Clauses in Franchise Agreements: The Saga Continues in 2022

Stark & Stark on

For the past few years, it seems franchisors have been riding a roller coaster when it comes to no-poach clauses in their franchise agreements. While for a time it seemed as though scrutiny for such clauses might be fading,...more

Fox Rothschild LLP

Washington v. Washington: State Of No-Poach

Fox Rothschild LLP on

The Department of Justice backed off no-poach challenges in franchise agreements in 2019, but the state doubled down. The result? Washington state challenged a raft of no-poach/no-hire provisions in 225 franchise systems,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Trends in No-Poach Litigation

Federal district courts around the country continue to grapple with how to analyze “no-poach” agreements — whereby two or more companies agree not to hire or recruit each other’s workers — under the antitrust laws. Beginning...more

BakerHostetler

Demystifying the Antitrust Implications of Franchise No-Poach Agreements

BakerHostetler on

In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued “Antitrust Guidance to Human Resource Professionals,” addressing employee no-poach agreements – agreements between two or more...more

Skadden, Arps, Slate, Meagher & Flom LLP

'Titans' of Antitrust Policy Clash Over No-Poach Agreements

Legal battles over the antitrust treatment of no-poach agreements continue to escalate with new district court decisions and new pronouncements from two “titans” of antitrust policy, the Department of Justice (DOJ) and the...more

Akin Gump Strauss Hauer & Feld LLP

A Fresh Approach to No-Poach Provisions in Franchise Agreements

• The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) have indicated in the past that they believe that certain agreements between employers not to poach each other’s employees are...more

McDermott Will & Emery

The Latest: DOJ Distinguishes ‘No-Poach’ Agreements

McDermott Will & Emery on

WHAT HAPPENED: • The Department of Justice filed a Statement of Interest in three related cases in the Eastern District of Washington yesterday dealing with alleged “no-poach” (or non-solicitation) agreements between...more

Cozen O'Connor

The State AG Report Weekly Update March 2019 #2

Cozen O'Connor on

2020 AG Elections- Republican Jim O’Neill Announces Candidacy for North Carolina Attorney General- Forsyth County District Attorney Jim O’Neill, a Republican, has declared his candidacy for North Carolina AG in 2020....more

McDermott Will & Emery

US DOJ Adds Complexity to Enforcement of “No-Poach” Agreements under Antitrust Law

McDermott Will & Emery on

On Thursday, March 7, the Antitrust Division intervened in three antitrust class actions to urge the court that no-poach agreements between vertically related firms, such as between franchisor and franchisee, should be...more

Skadden, Arps, Slate, Meagher & Flom LLP

No-Poach Update: DOJ Seeks to Rein In Franchise Suits

Evolving antitrust treatment of so-called “no-poach” agreements continues to offer important guidance for company counsel and human resources professionals. Over the past two years, the Department of Justice (DOJ) has...more

Cozen O'Connor

2018 State AG Round-Up & Trends For 2019

Cozen O'Connor on

In 2018, the Cozen O’Connor State Attorneys General Practice reported on a variety of significant investigations and enforcement actions conducted by state attorneys general (“AGs”) through the course of the year. Here, we...more

Cozen O'Connor

The State AG Report Weekly Update November 2018 #4

Cozen O'Connor on

Breaking News- Wyoming Governor-Elect Announces Appointment of Attorney General- Bridget Hill has been appointed to serve as the Wyoming AG by Governor-elect Mark Gordon (R). ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Spotlight on No-Poach Agreements Continues, Expands to New Industries

In recent weeks, Washington State Attorney General Bob Ferguson has continued to expand his efforts to eradicate the use of no-poach agreements by employers. The targets of his investigation are companies that have included...more

Fox Rothschild LLP

Time To Reconsider No Poaching Agreements? Yes, Emphatically.

Fox Rothschild LLP on

Renewed Efforts to End No Poaching Provisions- Franchisors need to review their franchise agreements and take immediate action in response to the recent onslaught of legal action over “naked no poaching” provisions in...more

Fox Rothschild LLP

Franchisors Face Growing Scrutiny Over ‘No Poaching’ Provisions

Fox Rothschild LLP on

Franchisors need to review their franchise agreements and take immediate action in response to the recent onslaught of legal action over “no poaching” provisions in franchise agreements. In a typical franchise agreement, a...more

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