Employee ‘No Poaching’ Agreements Meet the Antitrust Laws: Protection of Employees in the New Economy

Shumaker, Loop & Kendrick, LLP
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For centuries employers have maintained a strong interest in trying to protect their most valuable asset, their key employees, from solicitation by and loss to other employers, especially competitors. As a result, “no poaching” (i.e., “we agree to not solicit or hire each other’s employees”) agreements have become prevalent, not only in contracts between competitors, but also in many vendor/buyer agreements.

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