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Latest Developments in No-Poach Agreements
Antitrust, UCL & Privacy Section; Labor & Employment Law Section
Until fairly recently, no-poach and non-solicitation agreements among employers did not receive significant antitrust scrutiny. All of that changed when the DOJ alleged that several Silicon Valley companies violated the antitrust laws by using no-poach agreements, and with the issuance of the DOJ and FTC’s 2016 Guidelines emphasizing that no-poach agreements may be pursued as criminal offenses. Since then, several civil cases have been filed in in the context of franchise agreements that contain limitations on hiring employees from other franchises. This panel discussion will explore how the antitrust laws apply in the HR context, the types of agreements that pose the greatest risk, and how plaintiffs and defendants are litigating these cases.
Overview of how antitrust laws apply in the HR context
Degrees of risk in different kinds of no-poach agreements
Areas in which plaintiffs are bringing no-poach cases
Issues and strategies in litigating no-poach cases
Issues related to compensation benchmarking and survey
1 Participatory MCLE Credits
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