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Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper...more
In the latest setback in the Department Justice Antitrust Division’s (DOJ) attempts to prosecute “no-poach” agreements criminally, a federal judge acquitted from the bench all six defendant employees of aerospace engineering...more
It has been a tumultuous year for the Department of Justice (“DOJ”) and its recent no-poach criminal prosecution strategy. No-poach agreements, which are arrangements between companies that place restrictions on the hiring...more
On April 14, 2022, a Texas jury returned five not-guilty verdicts on six charges considered in the first federal criminal wage-fixing prosecution. A day later, on April 15, 2022, a Colorado federal jury entirely acquitted...more
Criminal antitrust is burning a path in prosecuting illegal wage-fixing agreements in labor markets. The Justice Department warned companies over five years ago and now DOJ is executing on its warning. Over the last two...more
For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...more
The health care industry is taking it on the chin these days. As DOJ increases False Claims Act prosecutions, the primary targets are pharmaceutical, medical device and health care providers. ...more
On Thursday, March 7, the Antitrust Division intervened in three antitrust class actions to urge the court that no-poach agreements between vertically related firms, such as between franchisor and franchisee, should be...more
In the first of what is expected to be a new wave of antitrust challenges to agreements among companies not to recruit or hire each other’s employees, the U.S. Department of Justice Antitrust Division (DOJ) recently announced...more