Antitrust Invades the Workplace: What Employers Need to Know About "No Poach" Agreements, Non-Solicitation Clauses, and Employee Non-Competes

From Obama to Trump to Biden, "No Poach" agreements, whereby employers agree not to hire each other's employees, have been in the cross-hairs of the Antitrust Division of the Department of Justice. Using its power to enforce the antitrust laws through criminal prosecutions, the Department of Justice continues to announce indictments of individuals and companies alleged to have entered into "no poach" agreements. On the civil side, where the big money is, class action lawsuits for triple damages follow these indictments as surely as night follows day. HR personnel, in-house attorneys, and others involved in the hiring process need to recognize the red flags to keep themselves out of prison and their employers out of costly litigation with massive exposure. In addition, with creative class action attorneys on the prowl here, the DOJ's focus on no poach agreements may have a spill-over effect on boilerplate non-solicitation clauses that are common in many routine agreements, such as non-disclosure agreements. And what antitrust risks, if any, do traditional non-compete agreements between an employer and an employee create?

In this webinar, you will learn how to distinguish among three different types of agreements affecting for whom an employee may work:

• Employer - Employee Non-Competes
• "No Poach" Agreements
• Non-Solicitation Clauses

You will also learn about the antitrust risks, if any, associated with these agreements and how to avoid those risks.