News & Analysis as of

Sherman Act No-Hire/No-Solicitation Agreements

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

BakerHostetler

FTC Announces Action Against No-Hire Provisions Used by Building Services Contractor

BakerHostetler on

In a divided party-line vote, the FTC recently charged Guardian Service Industries, Inc. (Guardian), a New York City-area building services contractor, with violating Section 1 of the Sherman Act and Section 5 of the Federal...more

Davis Wright Tremaine LLP

The FTC's Crackdown on No-Hire Agreements: What Employers Need To Know

The Federal Trade Commission (FTC), in a 3-2 party-line vote last week, ordered a New York City area building services contractor, Guardian Service Industries, Inc. (Guardian), to rescind all "no-hire" agreements, including...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

Kilpatrick

Class Action | Eleventh Circuit Reinstates No Hire Antitrust Claims Against Burger King

Kilpatrick on

Partner Jay Bogan recently discussed the Eleventh Circuit Reinstating No Hire Antitrust Claims Against Burger King....more

Lewitt Hackman

Franchisor 101: All the King’s Poachers

Lewitt Hackman on

A federal appellate court held that Burger King and its franchisees may violate Section 1 of the Sherman Act (antitrust) by engaging in concerted action when entering into “no-hire” agreements. The appellate court reversed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Serves a Whopper of a Ruling on Franchisor’s ‘No-Poach’/‘No-Hire’ Agreement With Franchisees

​​​​​​​Over the last several years, business-to-business “no-hire” and “no-poach” agreements have come under legal attack, including through enforcement actions by the Federal Trade Commission and criminal prosecutions by the...more

Kilpatrick

Eleventh Circuit reinstates no-hire antitrust claims against Burger King

Kilpatrick on

Takeaway: Restrictive covenants have generated a lot of controversy lately, especially with the Department of Justice’s continued focus on illegal no-poach hiring agreements between Silicon Valley companies and other firms. ...more

McDermott Will & Emery

Views and Lessons from the Trenches of the First Criminal No-Poach Trial

McDermott Will & Emery on

In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO...more

Cozen O'Connor

DOJ Continues Crackdown on No-Poach-Agreements

Cozen O'Connor on

The Department of Justice (DOJ) is continuing its crackdown on alleged “no poach” or “wage fixing” market collusion between competitors. Last week, DOJ announced charges against four individuals operating home health...more

ArentFox Schiff

Maryland Enacts a Statute Prohibiting Non-Competes for Lower Wage Employees

ArentFox Schiff on

On May 28, 2019, the Maryland Governor permitted (without signature) the Noncompete and Conflict of Interest Clauses Act (the Act) to become law. ...more

Epstein Becker & Green

Managing Employee Mobility Today: Are You Succeeding or Scrambling? - Take 5 Newsletter

Epstein Becker & Green on

The 2019 legal landscape of employee mobility continues to evolve, at times drastically. Courts and legislatures are giving increased scrutiny to employers’ claims to protect the confidentiality of their trade secrets and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Shifting Enforcement of No-Poaching Agreements

Fifteen months after the Antitrust Division of the Department of Justice (DOJ) announced its intention to criminally pursue no-poaching agreements — in which competitors agree not to recruit or hire each other’s employees —...more

Seyfarth Shaw LLP

Franchise “No-Hire” Agreement Class Actions And The Single Enterprise Defense

Seyfarth Shaw LLP on

Seyfarth Synopsis: There are currently pending at least four class actions claiming that provisions contained in franchise agreements prohibiting the hiring of employees of other intrabrand franchisees without the consent of...more

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