Tag Archives: No-Poach Agreements

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

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. LuringThe 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

Decision Benefits Franchise Businesses and Finds Alston Bars Challenge to No-Poach Agreements

In June 2021, the Supreme Court reaffirmed in NCAA v. Alston that antitrust claims under Section 1 of the Sherman Act “presumptively” call for rule-of-reason analysis and that only the rare case merits “quick look” or per se treatment. __ U.S. __, 141 S.Ct. 2141, 2151 (2021). Recently, in Deslandes v. McDonald’s USA, LLC, Judge Jorge … Continue Reading

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

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
LexBlog