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Employment Contract › Antitrust Provisions › Employer Liability Issues

Bennett Jones LLP

BC Court of Appeal Confirms “No hire” Clause Not Intended to Injure Employees

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In Latifi v The TDL Group Corp., 2025 BCCA 45, (Latifi) the BC Court of Appeal upheld the summary dismissal of a proposed class action against the Tim Hortons franchisor in Canada. The underlying dispute between the...more

Sheppard Mullin Richter & Hampton LLP

DOJ and FTC Issue Antitrust Guidelines for Business Activities Affecting Workers

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Four days before President Trump took office, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) (together, “the Agencies”) under the Biden administration released their “Antitrust Guidelines for Business...more

Wilson Sonsini Goodrich & Rosati

Non-Solicitation Clauses Face Antitrust Scrutiny: Key Takeaways from St. Joseph's v. NAPA

Wilson Sonsini Goodrich & Rosati on

A recent decision from the United States District Court underscores the antitrust risks of non-solicitation clauses in service agreements. In St. Joseph’s Hospital Health Center v. American Anesthesiology of Syracuse, P.C. et...more

Bass, Berry & Sims PLC

Scope and Impact of the FTC’s Non-Compete Rule for Employers

Bass, Berry & Sims PLC on

On April 23, the Federal Trade Commission (FTC) voted to adopt a monumental final rule prohibiting employers from entering into non-competes against all workers within the jurisdiction of the FTC – a move that is poised to...more

Troutman Pepper Locke

Seventh Circuit Revives McDonald's Employee No-Poach Litigation

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In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more

Allen Matkins

Pre-Merger Non-Solicitation Ban Yields No Antitrust Claim

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It is rare that for an employer to instruct its employees not to try to lure aware a competitor's customers.  It is rarer still when an employer fires an employee for doing so.  These may be rare events, but apparently (or at...more

Sheppard Mullin Richter & Hampton LLP

Buyer Beware: Delaware Courts Continue to Refuse to Enforce Deal-Based Non-Competes

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In a blog earlier this year, we discussed the Delaware Chancery Court’s refusal to enforce a sale of business non-compete in Kodiak Building Partners, LLC v Adams. We wondered then whether Kodiak represented a one-off...more

Dentons

Antitrust Concerns for Employers

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In July of 2021, President Biden issued Executive Order 14036, which affirmed the executive branch’s policy to enforce antitrust laws. Two aspects of the Order relate directly to employment law...more

Womble Bond Dickinson

Opportunity Economy: Risks in Antitrust Enforcement

Womble Bond Dickinson on

Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more

Polsinelli

Med-Staff Newsletter - September 2019 | VOL 3

Polsinelli on

Dr. Kenneth Economy was employed by East Bay Anesthesiology Medical Group (“Anesthesia Group”), which held an exclusive contract to provide anesthesia services at The East Bay Hospital (“Hospital”). During asurprise...more

Littler

Unfair Competition: What Happened in 2018, and What's in Store for 2019

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From sweeping legislation to unexpected case law, and everything in between, 2018 brought a lot of changes to unfair competition law....more

Shumaker, Loop & Kendrick, LLP

Employee ‘No Poaching’ Agreements Meet the Antitrust Laws: Protection of Employees in the New Economy

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For centuries employers have maintained a strong interest in trying to protect their most valuable asset, their key employees, from solicitation by and loss to other employers, especially competitors. As a result, “no...more

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