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Antitrust Violations Hiring & Firing Antitrust Division

Manatt, Phelps & Phillips, LLP

[Webinar] Preparing for the Future of Health Care Antitrust Scrutiny - June 11th, 12:00 pm - 1:00 pm PST

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

Manatt, Phelps & Phillips, LLP

Fresh Off the Grill: No-Poach Agreements May Lead to Per Se Antitrust Liability, Says 7th Circuit

Introduction - No-poach agreements, wherein companies agree not to solicit or hire employees away from a competitor, have been targeted by the White House, the Federal Trade Commission (FTC) and the Antitrust Division....more

Jenner & Block

DOJ Continues to Prioritize No-Poach Cases

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In recent years, the U.S. Department of Justice has tried three criminal no-poach cases to a jury, and in all three the defendants were acquitted. But expect the crackdown on the use of allegedly illegal no-poach agreements...more

Epstein Becker & Green

FTC Reaches Agreement with NLRB to Further Protect Labor Markets

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The Federal Trade Commission (FTC) and the Department of Justice have prioritized the protection of labor markets. From scrutinizing “no-poach” agreements and restrictive covenants to analyzing the impact of mergers and...more

Perkins Coie

Antitrust Challenge to McDonald’s No-Poach Restriction Evaluated Under the Rule of Reason

Perkins Coie on

A federal judge in the U.S. District Court for the Northern District of Illinois has held that an antitrust challenge to a “hiring restriction [that] prevented” plaintiff employees “from taking a better-paying position with a...more

Polsinelli

DOJ Faces Two Strikeouts in First Health Care Wage-Fixing and “No Poach” Prosecutions

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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

Vinson & Elkins LLP

DOJ's Aggressive Pursuit of 'No Poachers'

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On January 28, 2022, the United States District Court for the District of Colorado declined to dismiss a criminal antitrust indictment alleging a dialysis operator, DaVita Inc. (“DaVita”), and its former CEO colluded with...more

The Volkov Law Group

Antitrust Division Indicts Four Individuals for Wage Fixing in Labor Markets (Part III of III)

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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

Vinson & Elkins LLP

Prominent Services Contractors Ensnared in No-Poach Class Action

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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

Ballard Spahr LLP

Chamber of Commerce Questions the Criminality of Employee No-Poach Agreements

Ballard Spahr LLP on

Whether employee no-poach agreements are illegal per se is being tested in a criminal case, U.S. v. Surgical Care Affiliates LLC et al., drawing the attention of many interested parties, including the United States Chamber of...more

Latham & Watkins LLP

DOJ’s First Criminal Charges for Wage-Fixing and No-Poach Labor Agreements: 6 Key Takeaways

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With increased scrutiny of anticompetitive conduct in labor markets, companies need to adopt proactive compliance efforts to avoid prosecution. The US Department of Justice’s (DOJ’s) Antitrust Division recently announced...more

K&L Gates LLP

DOJ Antitrust Division Provides Additional Insight on Its Analysis of No-Poach Agreements that May Be Subject to Criminal...

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Since 2016, the U.S. Department of Justice Antitrust Division (“DOJ” or “Division”) has increased its enforcement focus on agreements between labor market competitors not to hire each other’s employees — also known as...more

Jackson Lewis P.C.

State Attorneys General Step Up Antitrust Probes Of Franchise Industry Hiring Practices

Jackson Lewis P.C. on

In the midst of a federal effort to ramp up antitrust prosecutions of companies agreeing not to recruit or hire each other’s employees special scrutiny – and criticism – has been directed toward the use of no-poach agreements...more

Jackson Lewis P.C.

Antitrust Director Signals Heightened Focus On Deterring No-Poach Agreements In Healthcare Industry

Jackson Lewis P.C. on

As we have reported in previous articles, the Department of Justice’s Antitrust Division has repeatedly reaffirmed its intent to criminally prosecute companies that restrict labor market competition through the use of...more

Tonkon Torp LLP

Wage-Fixing And No-Poaching Agreements – Criminal Prosecution Is A Real Risk

Tonkon Torp LLP on

In case there was any doubt about it, recent activity by the United States Department of Justice (DOJ) should serve as a sharp reminder to employers that wage-fixing and "no-poaching" agreements are illegal and subject to...more

Jackson Lewis P.C.

Department Of Justice Fires Warning Shot Over Unlawful No-Poach Agreements

Jackson Lewis P.C. on

On April 3, 2018, the Department of Justice’s Antitrust Division settled an antitrust action against the world’s two largest rail equipment suppliers, accusing them of maintaining “naked” no-poaching agreements in violation...more

Seyfarth Shaw LLP

DOJ Announces First Of A Number Of Anticipated No-Poach Enforcement Actions – What Should Employers Do Now?

Seyfarth Shaw LLP on

Seyfarth Synopsis: True to his word, the Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice has announced the first of a number of anticipated no-poach enforcement actions. ...more

Morgan Lewis

Are Your Employment Practices in Breach of Antitrust Law?

Morgan Lewis on

Authorities in various jurisdictions are stepping up enforcement against no-poaching agreements between employers. From training their HR staff in antitrust rules to reviewing their hiring agreements, employers should take...more

Troutman Pepper

No-Poach Agreements Targeted by Plaintiffs, Enforcement Agencies and Senators

Troutman Pepper on

Agreements among companies to not hire each other’s workers are more risky than ever. The DOJ’s Assistant Attorney General for the Antitrust Division, Makan Delrahim, stated on January 19 that the division has criminal cases...more

Bass, Berry & Sims PLC

DOJ: No-poach Agreements Violate Antitrust Laws, Criminal Penalties Against Companies Are On the Way

Expect criminal indictments in the near future against companies that have agreed not to recruit or hire each other's employees. That was the strong message from Makan Delrahim, the new Assistant Attorney General for the...more

K&L Gates LLP

Assistant Attorney General Announces that DOJ Antitrust Division is Building Criminal Cases Against Companies for Anti-Poaching...

K&L Gates LLP on

The Assistant Attorney General for the Antitrust Division of the Department of Justice (DOJ) recently announced that the DOJ is currently developing criminal cases against companies who form agreements not to hire each...more

Faegre Drinker Biddle & Reath LLP

Corporate Agreements Not to Recruit Employees From Competitors Could Lead to Criminal Actions, Per DOJ Antitrust Chief

In a speech on January 19, the Department of Justice Antitrust Division’s chief antitrust enforcer, Makan Delrahim, said the Division is investigating and plans to pursue criminal actions against employers who have agreed not...more

Jackson Lewis P.C.

Lead Antitrust Attorney Hints At Upcoming Prosecutions For No-Poach Agreements

Jackson Lewis P.C. on

The chief prosecutor in the U.S. Department of Justice’s Antitrust Division signaled last week that his unit expects to initiate criminal actions against multiple companies accused of entering unlawful pacts not to hire each...more

Constangy, Brooks, Smith & Prophete, LLP

Do Your Employee-Recruiting Practices Make You A White-Collar Criminal?

You need to hire some employees, and you want to pay them well, but not more than necessary. You place a call to a friend who works for one of your competitors and ask what her company is paying new hires in these positions....more

Sherman & Howard L.L.C.

Antitrust Pitfalls for HR

HR professionals and others involved in hiring and compensation decisions might be violating antitrust laws. HR professionals must take special care not to enter into “agreements” with competing companies about the terms of...more

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