News & Analysis as of

Sherman Act Non-Solicitation Agreements

Parker Poe Adams & Bernstein LLP

New York Court Ruling Highlights Risks of Noncompete and Non-Solicitation Restrictions in Health Care

A federal court in New York recently allowed a lawsuit against a major anesthesia provider to proceed. The case, brought by an upstate New York hospital, claims that the anesthesia provider’s use of restrictive employment...more

McDermott Will & Emery

DOJ Faces Setbacks in Labor Market Prosecutions but Remains Determined

McDermott Will & Emery on

WHAT HAPPENED - - On back-to-back days this month, defendants charged and prosecuted by the US Department of Justice’s Antitrust Division (the DOJ) were acquitted on all Sherman Act charges in first-of-their-kind criminal...more

Troutman Pepper Locke

Ninth Circuit Upholds Unlimited Nonsolicitation Provision

Troutman Pepper Locke on

Over the past five years, the Department of Justice (DOJ) and civil litigants have rigorously challenged the lawfulness of buy-side restraints of trade, including noncompetes, no-poach, and nonsolicitation agreements, under...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Denies Sherman Act Challenge To No-Poach Provision

In an important decision on August 19, 2021, the Ninth Circuit Court of Appeals in Aya Healthcare Services, Inc. v. AMN Healthcare, Inc. affirmed the grant of summary judgment in favor of AMN, finding that the...more

King & Spalding

Florida Oncology Provider to Pay $100 Million Fine in DOJ Criminal Antitrust Investigation

King & Spalding on

On Thursday, April 30, 2020, Florida Cancer Specialists & Research Institute LLC (“FCS”), the largest independent medical oncology/hematology practice in the U.S., agreed to pay a $100 million fine to resolve a criminal...more

Fisher Phillips

States Look for New Angle to Fight No-Poach Agreements

Fisher Phillips on

Attorneys general in ten states and the District of Columbia have recently launched an investigation into the employment practices of eight fast-food franchises. The group sent a joint letter to the companies requesting...more

Foley & Lardner LLP

New Types of Section 337 Investigations at the International Trade Commission

Foley & Lardner LLP on

Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Fox Rothschild LLP

No-Hire And No-Solicit Covenants Could Be Overcooked

Fox Rothschild LLP on

Many franchise agreements contain a provision that restricts a franchisee from hiring or soliciting the employees of the franchisor or other franchisees. A class action lawsuit that was recently filed in the Eastern District...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law, 2016 – 2017

There have been important legal developments at the federal and state levels for nonprofit organizations. - Takeaways - Nonprofits continue to experience Federal government and private litigant antitrust enforcement. ...more

Holland & Knight LLP

DOJ Toughens Stance on Certain Employment-Related Agreements Between Competitors - New Antitrust Guidance Threatens Criminal...

Holland & Knight LLP on

The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) on Oct. 20, 2016, jointly released Antitrust Guidance for Human Resource Professionals, cautioning employers about...more

Bracewell LLP

Antitrust Agencies Release Guidance on Employee Hiring and Compensation

Bracewell LLP on

The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) have jointly issued written guidance for human resource (HR) professionals on how antitrust law applies to employee hiring and...more

Seyfarth Shaw LLP

Microsoft Defeats Wage Suppression Class Action On Statute Of Limitations Grounds

Seyfarth Shaw LLP on

Two former employees sued Microsoft Corporation (“Microsoft”) in a class action, alleging that it unlawfully suppressed their wages by entering into multiple employee non-solicitation agreements with its competitors. The case...more

McDermott Will & Emery

$20 Million Settlement in In re: High-Tech Employee Antitrust Litigation, a Non-Poaching Agreement Case

McDermott Will & Emery on

Three of the seven companies defending allegations that they violated U.S. antitrust law by agreeing not to recruit each other’s employees agreed to settle all claims against them in In re: High-Tech Employee Antitrust...more

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