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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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