AGG Talks: Antitrust and White-Collar Crime Roundup - Inside the World of No-Poach Investigations and Indictments
#WorkforceWednesday: ACA Preventive Coverage Mandate Blocked, Another No-Poach Loss for DOJ, and Employers Prepare for the End of the COVID-19 Emergencies - Employment Law This Week®
Trade Secret / Restrictive Covenant 2022 Year In Review (Fairly Competing, Episode 19)
Class Action | Eleventh Circuit Reinstates No Hire Antitrust Claims Against Burger King
Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 100: Marguerite Willis, Nexsen Pruet Attorney
The Latest on Antitrust Compliance
III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes
Employment Law This Week®: Employee Mobility
II-31- The Changing 9 to 5 From 1980 to Today
Employment Law This Week®: Criminal Prosecution of Anti-Poaching Agreements, EEOC Publishes 2017 Data, Organizational Changes at NLRB, NYC’s “Cooperative Dialogue” Requirements
II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories
The French Competition Authority recently fined several companies for no-poach agreements, following similar action by the European Commission in the online food delivery sector. These decisions mark a sharp escalation in...more
In 2023, Chief Counsel for the National Labor Relations Board (NLRB), Jennifer Abruzzo, issued two memorandums addressing non-disparagement agreements, non-competes, and a variety of other contractual terms such as...more
Just over a year into the implementation of the Washington, D.C. Ban on Non-Compete Agreements, as amended by the Non-Compete Clarification Amendment Act of 2022 (together, the “D.C. Non-Compete Ban”), the District of...more
The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more
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
In a recent decision, the Colorado Court of Appeals affirmed a lower court’s ruling that a former executive for a credit-card processing company did not breach his employment agreement when he poached company clients, because...more
2022 was a relatively quiet year in terms of noncompete developments. However, both state legislatures and courts continued to take steps to narrow the circumstances under which noncompetition and employee non-solicitation...more
Parties in Criminal No-Poach Case Reach Pre-Trial Resolution - Recently, the parties in United States v. Hee notified District Court Judge Boulware of the District of Nevada that they reached a preliminary plea deal. The...more
Aggressive Attacks on Employers’ Post-Employment Restrictions Continue - Employers beware. The Department of Justice’s attack on employee restrictions has gotten a new boost in a no-poach antitrust case alleging that...more
In the latest blow against Netflix’s aggressive recruiting practices, a California appellate court has affirmed a trial court’s injunction against Netflix and in favor of Twentieth Century Fox Film Corporation (“Fox”), thus...more
No-hire or “no-poaching” agreements have recently come under increasing scrutiny by the federal government, as well as various state regimes. However, a recent Ninth Circuit decision upholding a no-poach agreement highlights...more
Employment-related antitrust regulation is intensifying amid a volatile labor market so Mark Henriques asked David Hamilton and Sarah Motley Stone, two of Womble Bond Dickinson's brightest minds on this subject, to share some...more
The Pennsylvania Supreme Court recently decided an issue of first impression regarding “no-hire” (or “no-poach”) provisions in commercial contracts between two companies. In such agreements, one company agrees not to solicit...more
In a decision resolving a dispute that has been pending for nearly five years, the Supreme Court of Pennsylvania just voided a no-hire provision entered into by two companies that bound one of them from hiring former...more
The hiring of your key employees by another business that you have a relationship with — either individually or en masse — can be devastating. It is therefore not uncommon for businesses to insert provisions in contracts...more
Last month, California’s Fourth District Court of Appeal issued AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923 (Cal. Ct. App. 2018), a decision calling into question the validity of non-solicitation...more