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Recruitment Policies Department of Justice (DOJ)

Perkins Coie

State Antitrust Lawsuit Challenges NCAA Recruitment Rules

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In January of this year, the attorneys general of Tennessee and Virginia filed a federal antitrust lawsuit against the National Collegiate Athletics Association (NCAA). The lawsuit seeks to prevent the NCAA from enforcing...more

Jackson Lewis P.C.

U.S. Senators Reintroduce Bipartisan NCAA Accountability Act

Jackson Lewis P.C. on

Tennessee Senator Marsha Blackburn (R) and New Jersey Senator Cory Booker (D) have reintroduced the “NCAA Accountability Act.” This follows multiple hearings held over the past few years on NCAA operations, including how the...more

Faegre Drinker Biddle & Reath LLP

DOJ Settles Discrimination Claims Involving Apple's Recruitment and Hiring Practices Related to the PERM Process

The U.S. Department of Justice (DOJ) announced a settlement with Apple over allegations the company engaged in discriminatory recruitment and hiring practices related to the process of seeking labor certification, or the...more

Foley & Lardner LLP

Department of Justice and Apple Reach $25 Million Landmark Agreement

Foley & Lardner LLP on

On November 9, 2023, the U.S. Department of Justice (DOJ) announced that it secured a landmark $25 million agreement with Apple, Inc. (“Apple”) to resolve allegations of discriminatory hiring and recruitment processes...more

Jackson Lewis P.C.

Finding Diverse Talent in the Manufacturing Industry Revisited: A Skillful Scavenger Hunt

Jackson Lewis P.C. on

Even as the U.S. Bureau of Labor Statistics reports increased hiring in the manufacturing industry over the last year, filling certain positions remain a challenge, especially for those that require highly skilled workers....more

Holland & Knight LLP

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

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The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply....more

Dechert LLP

Criminal No-Poach Antitrust Defense Verdict

Dechert LLP on

A jury in the United States District Court for the District of Colorado acquitted a Denver-based healthcare company, DaVita Inc., and its former CEO on three counts each of conspiracy in restraint of trade under the Sherman...more

Vinson & Elkins LLP

DOJ's Aggressive Pursuit of 'No Poachers'

Vinson & Elkins LLP on

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

Holland & Hart - Employers' Lawyers

Follow Appropriate Recruitment Processes in PERM Labor Certification

Question: Facebook was recently in the news for failing to engage in good-faith recruitment in the PERM labor certification process. What happened, and what can other employers do to avoid potential liability?...more

Cozen O'Connor

DOJ Antitrust Targets (Again) No-Poach Hiring Agreements

Cozen O'Connor on

Last week, the U.S. Department of Justice reiterated its strong message to the business community: Be very careful with no-poach hiring agreements. DOJ unsealed criminal charges on Thursday against a former director of...more

Tarter Krinsky & Drogin LLP

PERM Lessons From Facebook Settlements With The Department Of Labor and Department Of Justice

On October 19, 2021, the Department of Labor (DOL) and Department of Justice (DOJ) settled with Facebook over its alleged discrimination against U.S. workers relating to the manner it conducted recruitment under the permanent...more

Jackson Lewis P.C.

Department of Justice Action Suggests Employers Need to Adjust How They Recruit Foreign Workers

Jackson Lewis P.C. on

The PERM Labor Certification Process (PERM) has been used since 2005 by U.S. employers to sponsor foreign national employees for Lawful Permanent Residence, also known as “green cards.” Through the PERM process, employers are...more

Nilan Johnson Lewis PA

Permission To Hire Foreign Workers: New Factors To Consider In Perm Recruitment Obligations In Light Of Facebook Settlement

Nilan Johnson Lewis PA on

Last week, the U.S. Department of Justice and Facebook settled a U.S. worker discrimination lawsuit involving the recruitment practices of the social media giant in its sponsorship of foreign workers for permanent residence....more

Mintz - Immigration Viewpoints

Facebook enters Settlement Agreement regarding PERM Labor Certification Recruiting Practices

The U.S. Department of Justice (“DOJ”) Office of Public Affairs issued a press release two days ago, October 19, 2021, announcing a settlement with Facebook involving their recruiting practices to qualify foreign nationals...more

The Volkov Law Group

DOJ Antitrust’s Ongoing Criminal Investigation of Labor Market Collusion in Health Care Industry Nets DaVita and Former CEO

The Volkov Law Group on

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

Miles & Stockbridge P.C.

Disclosure Crucial to Thousand Talents Investigations

China employs its Thousand Talents Program (“TTP”) to recruit overseas academic and scientific talent to work in China by promising research funding from the Chinese government and, occasionally, compensation. TTP has drawn...more

Constangy, Brooks, Smith & Prophete, LLP

Antitrust In The Labor Market

That which is old is new again. The U.S. Department of Justice and plaintiffs’ lawyers are taking aim at non-solicitation agreements restricting mobility of labor. This isn’t something employers usually think about. ...more

Vinson & Elkins LLP

DOJ Antitrust Division Brings First Criminal No-Poach Case

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The Department of Justice (DOJ) Antitrust Division has obtained its first criminal indictment based on an illegal conspiracy between two companies that agreed not to solicit each other’s employees — a so-called “no-poach”...more

Fish & Richardson

Antitrust Issues with "No-Poaching" Agreements

Fish & Richardson on

A client is negotiating a software license agreement to license in some information technology (IT) services from a service provider. The IT services were going to be a quantum improvement for our client, and they were...more

Mintz - Sports Entertainment Viewpoints

Antitrust Settlement Reached in College Recruiting Case

On December 12, 2019, the Antitrust Division of the Department of Justice filed an antitrust case and simultaneous settlement against the National Association for College Admission Counseling (NACAC). The complaint alleged...more

A&O Shearman

Key Antitrust Enforcement Trends — 2019 Antitrust Annual Report

A&O Shearman on

Welcome to the 2019 Shearman & Sterling Antitrust Annual Report. Our seventh edition focuses on the contrasting use by regulators of antitrust laws with respect to the FANGs, and how antitrust is being enforced in the U.S....more

Perkins Coie

Higher Ed Admissions Scrutiny—The Road Ahead

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The wave of federal charges against some fifty individuals for college admissions fraud and testing bribery schemes caught numerous universities and much of the United States by surprise. This growing scandal has already...more

Ballard Spahr LLP

Employers, Beware: DOJ, FTC Mean Business With Enhanced Antitrust Enforcement Efforts

Ballard Spahr LLP on

Employers should assess whether their employment practices— including benchmarking, recruitment, and the sharing of information about employee compensation—comply with antitrust law requirements in the face of increased...more

Seyfarth Shaw LLP

Batter Up: The FCPA Takes A Swing At Major League Baseball

Seyfarth Shaw LLP on

Seyfarth Synopsis: Among the latest news reports in the cross-border public corruption space that has legally-minded sports fans talking is that a federal grand jury is investigating Major League Baseball’s international...more

Vedder Price

Changing Tides in HR Antitrust: What Employers Need to Know

Vedder Price on

Human resources ("HR”) departments have historically had little reason to hold antitrust law top of mind, as there was little in the way of enforcement activity concerning personnel issues. In recent years, however,...more

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