News & Analysis as of

No-Poaching Antitrust Litigation Sherman Act

Zelle  LLP

Burger King Employees Persist After Renewed Motion to Dismiss

Zelle LLP on

Last month, Judge Jose E. Martinez of the U.S. District Court for the Southern District of Florida denied the Burger King Defendants’ (“Burger King”) motion to dismiss a putative class action alleging that its “No-Hire”...more

Kilpatrick

“No-poach” class actions: Fourth Circuit reinstates naval engineers’ Sherman Act claims against shipbuilders

Kilpatrick on

Takeaway: We have written about “no-poach” class actions, in which employers allegedly conspire not to recruit or hire each other’s employees with the intent of driving down wages. See Eleventh Circuit reinstates no-hire...more

Bilzin Sumberg

District Court Denies Burger King’s Motion to Dismiss Putative Class Action Related to No-Poaching Provisions in Franchise...

Bilzin Sumberg on

Arrington v. Burger King Worldwide, Inc., No. 1:18-cv-24128 (S.D. Fla. Oct. 5, 2018) – In October 2018, Jarvis Arrington, a former employee at a Burger King franchisee in Illinois, filed a class action complaint against...more

Bradley Arant Boult Cummings LLP

Fourth Circuit Decides “Non-Ink-to-Paper” Agreement Among Defense Contractors May Toll Statute of Limitations for Antitrust Claims

On May 9, 2025, the U.S. Court of Appeals for the Fourth Circuit published a significant decision in Scharpf v. General Dynamics Corp., reviving a dormant class action lawsuit against a group of the country’s largest naval...more

Troutman Pepper Locke

Seventh Circuit Revives McDonald's Employee No-Poach Litigation

Troutman Pepper Locke on

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

Troutman Pepper Locke

No-Poach Case Against HP Dismissed for Failure to Allege a Plausible Conspiracy

Troutman Pepper Locke on

Many recent no-poach agreement antitrust claims have risen within the franchise context, where the alleged agreement was plainly described in the operative franchise agreements. In those cases, the parties fought over what...more

Searcy Denney Scarola Barnhart & Shipley

United States Judicial Panel on Multidistrict Litigation – January 2019 Hearing Session Preview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for January 31, 2019 in Miami, Florida. Six matters are set for oral argument to consider motions to transfer each...more

Morgan Lewis

2016 Global Cartel Enforcement Report

Morgan Lewis on

Authorities launched new criminal probes, obtained guilty pleas from companies and executives and imposed hefty fines as aggressive enforcement continued. Several significant developments occurred in cartel enforcement...more

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