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Maryland Enacts the Judge Andrew F. Wilkinson Judicial Security Act: Are More Daniel's Laws on the Horizon?

Maryland has joined the growing list of states to pass a law — the Judge Andrew F. Wilkinson Judicial Security Act — that allows current and former members of the Maryland judiciary to request certain of their personal...more

Proposed Amendments to New Jersey’s Daniel’s Law

On May 13, Senator Joseph P. Cryan (D) introduced an amendment to New Jersey’s Daniel’s Law, which would broaden the law’s coverage. An identical amendment was introduced by Assemblywoman Annette Quijano (D) in the Assembly...more

Seventh Circuit Revives McDonald's Employee No-Poach Litigation

In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more

Judge Acquits All in Most Recent DOJ No-Poach Setback

The Department of Justice (DOJ) Antitrust Division recently suffered another setback in its most recent effort to secure criminal convictions for labor-side violations of Section 1 of the Sherman Act. In perhaps the DOJ’s...more

Antitrust Division Calls on Activision to Do Its Duty to eSports League Players

On April 3, the Department of Justice's Antitrust Division (DOJ) filed a complaint against and settlement with Activision Blizzard, Inc. (Activision), alleging the company violated Section 1 of the Sherman Act....more

DOJ Fails to Convict in No-Poach/Wage Fixing Case

The Department of Justice (DOJ) Antitrust Division recently suffered another setback in its most recent effort to secure criminal convictions for labor-side violations of Section 1 of the Sherman Act. Having finally secured a...more

FTC Seeks Public Comment on Potential Franchise Rule

The Federal Trade Commission (FTC) made another move to protect two of the Biden administration’s priority constituencies: small business and workers. This time, it targeted perceived unreasonable restraints in the franchise...more

DOJ Evolves Its Strategy of Increased Criminalization of Employment Restrictions Under Antitrust Laws

The Biden administration’s Department of Justice (DOJ) Antitrust Division recently secured its first criminal conviction for a labor-side violation of Section 1 of the Sherman Act after VDA OC LLC (VDA) entered a guilty plea....more

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

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

Recent No-Poach Developments: Federal Enforcement Agencies Ally to Promote Labor and McDonald’s Latest Judicial Win

Antitrust in labor markets remains a “hot topic” for government, business, and labor. The antitrust enforcement agencies, consistent with the Biden administration’s “Executive Order on Promoting Competition in the American...more

Federal Court Denies DOJ's Request to File Statement of Interest in Pending McDonald's No-Poach Class Action

The Biden administration's Department of Justice, Antitrust Division (DOJ) continues a practice largely begun under the Trump administration of intervening in private litigation and requesting permission to file statements of...more

U.K. Supreme Court Finds Data Protection Representative (I.e., Class) Action Cannot Be Pursued Against Google

On November 10, the United Kingdom (U.K.) Supreme Court issued a decision in Lloyd v. Google LLC, UKSC2019/0213 (Supreme Court of the United Kingdom), recognizing that the loss of control of personal data by consumers alone...more

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