Archives: DOJ

Criminal No-Poach Update: DOJ Seeks to Contain Fallout from Judgment of Acquittal

By Tyson Herrold on June 1, 2023 Posted in DOJ

Magnet is trying to snatch a key irreplaceable employee from the team. Violation of the integrity of the team. Loss of morale. Intervention in the internal affairs. Find spy intruder. Luring

The Department of Justice (DOJ) continues to pursue no-poach agreements as criminal conduct despite yet another recent defeat, this time in United States v. Patel. In Patel, the DOJ alleged that employees of an aerospace company and outsourcing competitors conspired to restrict the hiring and recruiting of aerospace engineers and other employees in violation of … Continue Reading

DOJ Likely to Scrutinize Personal Device and Corporate Chat Policies of Investigation Targets

By Alyse Stach on March 15, 2023 Posted in DOJ

Through recent motions filed in district court and a policy memo issued last year, the U.S. Department of Justice (DOJ) has signaled that it has its sights on instant messages and personal devices as potential sources for uncovering anticompetitive or criminal information. Companies should review their personal device and corporate chat preservation policies and ensure … Continue Reading

DOJ Antitrust Division Not Backing Down on Labor

By BakerHostetler and Kayley Sullivan on September 27, 2022 Posted in DOJ

Despite back-to-back losses in the Department of Justice’s (DOJ) first-ever criminal no-poach and wage-fixing cases, the Antitrust Division (the Division) is not backing down from its enforcement focus on labor. In fact, the Division and Assistant Attorney General Jonathan Kanter continue to proudly tout their continued aggressive stance, with Kanter recently stating that the Division … Continue Reading

Franchise No-Poach Agreements: Is Reform on The Horizon?

By Jeffrey Martino and Tyson Herrold on January 6, 2021 Posted in DOJ

In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued Joint Guidance for Human Resource Professionals warning that no-poach agreements restricting employee hiring may violate the antitrust laws.[1] That guidance, along with pre-guidance litigation, has established some clear ground rules. Naked no-poach agreements are per se illegal under §1 of the … Continue Reading

DOJ Takes a Stance on Section 230 Reform that Could Place Additional Burdens on Online Platforms

By Darley Maw, Jeffrey Martino, Linda A. Goldstein and BakerHostetler on July 24, 2020 Posted in DOJ

The Department of Justice (DOJ) recently outlined proposed reforms to Section 230 of the Communications Decency Act of 1996.[1] Section 230 has been in place since the early days of the Internet and protects online platforms from liability for certain third-party posts. It has recently become a point of contention between Big Tech and the … Continue Reading