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Ninth Circuit Upholds Unlimited Nonsolicitation Provision

Over the past five years, the Department of Justice (DOJ) and civil litigants have rigorously challenged the lawfulness of buy-side restraints of trade, including noncompetes, no-poach, and nonsolicitation agreements, under...more

Recent DOJ Action in the No-Poach Arena

Since issuing its 2016 Antitrust Guidance affirming focus on enforcement of fair competition in labor-employment buy-side markets and warning of criminal remedies for those participating in illegal no-poach agreements, the...more

DOJ And FTC Warn Employers That Antitrust Laws Still Apply Amid COVID-19 Pandemic

On April 13, the Federal Trade Commission’s Bureau of Competition and the Department of Justice’s Antitrust Division (the Agencies) issued a joint statement reiterating that antitrust laws protect U.S. labor markets even...more

Rarely Invoked Price-Gouging Statutes Are Now Front and Center Due to COVID-19

Almost as soon as the COVID-19 outbreak began, public officials and media outlets raised concerns over price gouging. While price-gouging statutes and regulations are not new, they are invoked rarely because they apply only...more

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