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No-Poaching State Attorneys General

Cozen O'Connor

The State AG Report – 12.12.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Frontier Required to Clean Up Hazardous Waste Disposal...more

Cozen O'Connor

NY and NJ Settle with Building Services Contractor Over No-Poach Agreements

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New York AG Letitia James, New Jersey AG Matthew Platkin, and the FTC settled with building services contractor Guardian Service Industries, Inc. to resolve allegations that it entered into no-poach agreements in violation of...more

Morrison & Foerster LLP

Q3 2024: Quarterly Cartel Catch-Up

Morrison & Foerster LLP on

Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more

Brownstein Hyatt Farber Schreck

Labor Markets and ‘No-Poach’ Agreements: FTC, Colorado AG Take Aim at Kroger-Albertsons Merger

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

Cozen O'Connor

The State AG Report – 10.26.2023

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • Bipartisan AGs Step Up to the Plate to Challenge Baseball...more

Cozen O'Connor

AGs Argue Jackson Hewitt Must be Held to Account for No-Poach Agreements

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A coalition of 19 Democratic AGs, led by New Jersey AG Matthew Platkin, filed an amicus brief in the U.S. District Court for the District of New Jersey in support of former tax preparers for Jackson Hewitt, Inc., who allege...more

BakerHostetler

Federal and State Antitrust Enforcers Double Down on Stance Against No-Poach Agreements, Urging 2nd Circuit in Amicus Briefs to...

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In their latest condemnation of labor market restrictions, state and federal enforcers, in two recent friend-of-the-court filings, urged the 2nd Circuit to reverse the dismissal of a no-poach case. On August 4, twenty-one...more

Cozen O'Connor

The State AG Report – 8.10.2023

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •AGs Fight Against Saks No-Poach Agreements with Luxury...more

Cozen O'Connor

AGs Fight Against Saks No-Poach Agreements with Luxury Brands

Cozen O'Connor on

A coalition of 21 AGs filed an amicus brief in the U.S. Court of Appeals for the Second Circuit in support of former Saks retail store employees who allege that they were harmed by “no-poach” agreements between Saks and...more

BakerHostetler

Report from the 2023 ABA Antitrust Section Annual Conference - Criminal Updates and Developments

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In late March, attendees gathered in Washington, D.C., for the ABA Antitrust Law Section’s 71st Annual Spring Meeting, including officials from state, federal and international antitrust enforcement agencies. These enforcers...more

Cozen O'Connor

AG James Reaches $3.5 Million Settlement with Nation’s Largest Title Insurance Company

Cozen O'Connor on

New York AG Letitia James announced a settlement with Fidelity National Financial, Inc. to resolve allegations that the title insurance company entered into no-poach agreements in violation of state antitrust laws....more

Troutman Pepper Locke

New York AG Cracks Down on No-Poach Agreements

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New York Attorney General Letitia James recently reached a $400,000 settlement with Affordable Senior Care of New York LLC (Affordable) for engaging in anticompetitive conduct in the homecare industry. New York-based...more

Cozen O'Connor

The State AG Report – 12.8.2022

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Here are this week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •AG James Inks Deal with Home Healthcare...more

Cozen O'Connor

AG James Inks Deal with Home Healthcare Company to Cease No-Poach Agreements

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New York AG Letitia James announced an agreement with Marks Homecare Agency Inc. and one of the company’s agents (together, “Marks Homecare”) regarding an allegedly anticompetitive agreement with a competitor in the homecare...more

Faegre Drinker Biddle & Reath LLP

State AG Updates: New York, Washington State, Ohio, Pennsylvania, Kansas, Iowa and Wisconsin

In this edition of Faegre Drinker’s State Attorneys General Update, we discuss: • A multistate settlement entered by convenience- and gas-store chain Wawa relating to a data breach...more

Benesch

Just like 2021, the DOJ and FTC will remain active in the Restrictive Covenant Space

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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

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Newsletter – October 2021

New York Attorney General Enters into Settlement Prohibiting “No-Poach” Pacts in Title Insurance Industry - New York Attorney General Letitia James recently entered into a settlement agreement with a national insurance...more

White & Case LLP

Analysis: FTC Encouraged to Ban or Limit Non-Compete Agreements in July 9, 2021 Executive Order; Breaks With Tradition, And...

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On Friday, July 9, 2021, President Biden signed Executive Order 14036, Promoting Competition in the American Economy, which includes—among 72 initiatives aimed at enhancing competition in the US—a directive encouraging the...more

Epstein Becker & Green

Illinois Attorney General’s Office on the Lookout for Unlawful No-Poach Agreements

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In January of this year, our colleagues Janene Marasciullo and David Clark wrote about federal criminal indictments issued for naked wage-fixing and no-poach agreements. They warned that these federal indictments should serve...more

King & Spalding

No Poach Investigations

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Agreements between companies not to solicit or to hire each other’s employees (“no poach agreements”) have been in antitrust enforcers’ crosshairs for several years now. In 2016, the DOJ and the FTC released their joint...more

Cozen O'Connor

Attorneys General Convince Burger King, Popeyes, And Tim Hortons To Discard “No-Poaching” Provisions From Their Franchising...

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Labor & Employment- Attorneys General Convince Burger King, Popeyes, and Tim Hortons to Discard “No-Poaching” Provisions from Their Franchise Agreements...more

Lewitt Hackman

Franchisor 101: Open Season for Poaching in Washington

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Washington State’s Attorney General settled a case against sandwich franchisor, Jersey Mike’s, over antipoaching provisions in its franchise agreements. Since 2018, Washington State has made agreements with more than 60...more

Seyfarth Shaw LLP

State Attorneys General Urge FTC to Consider Labor Issues in Antitrust Enforcement

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A group of 18 state attorneys general (the “AGs”) recently filed comments with the Federal Trade Commission (“FTC”) in advance of a series of hearings centered on changes to antitrust and consumer protection enforcement in...more

Cadwalader, Wickersham & Taft LLP

State Attorneys General Jolt Antitrust Enforcement

Over the past year, State Attorneys General have stepped into what they describe as a void of antitrust enforcement at the federal level.  AGs have commenced investigations and brought antitrust actions across industry...more

Parker Poe Adams & Bernstein LLP

Franchises Continue to Face Litigation Over Employee ‘No-Poaching' Agreements

Several years ago, state attorneys general began investigating claims of antitrust violations based on franchise agreements that required franchisees not to hire employees of another franchisee. Despite the regular use of...more

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