Employment Anti-Poaching Agreements: DOJ and FTC Guidelines, Antitrust Violations, Horizontal vs. Ancillary Restraints
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will advise employment counsel on current enforcement by the Department of Justice (DOJ) and Federal Trade Commission (FTC) of anti-poaching provisions in agreements that prohibit one company from hiring another company's employees. The panel will discuss recent cases that determine whether no-poach provisions violate applicable antitrust laws and what restrictive covenants may be enforceable. The panel will guide employers on best practices for achieving business protection through less anticompetitive means.
- Anti-poaching provisions
- DOJ and FTC guidance
- 2021 Biden executive order
- DOJ recent criminal cases
- Horizontal vs. ancillary restraints
The panel will discuss these and other relevant topics:
- What is the current FTC and DOJ guidance on anti-poaching?
- When do anti-poaching provisions violate antitrust laws?
- What are some current cases the DOJ has brought against companies for anti-poaching violations?
- How can a restraint be seen as ancillary rather than horizontal?
Matthew A. Fontana
Faegre Drinker Biddle & Reath
Mr. Fontana handles a variety of traditional labor matters for both public and private sector clients under the... | Read More
Mr. Fontana handles a variety of traditional labor matters for both public and private sector clients under the National Labor Relations Act, Labor Management Relations Act, and Pennsylvania’s Public Employee Relations Act. He counsels clients on day-to-day labor/management issues (including union organizing and strike issues), handles grievance/arbitration issues and leads collective bargaining negotiations. Mr. Fontana also has Railroad Labor Act experience representing both railroad and airline clients. He also handles a broad range of employment matters under local, state, and federal laws, including: Title VII; Americans with Disabilities Act; Age Discrimination in Employment Act; Family and Medical Leave Act; Fair Labor Standards Act; Pennsylvania Human Relations Act; New Jersey Law Against Discrimination; Conscientious Employee Protection Act; whistleblower laws and OSHA investigations; and restrictive covenant, noncompetition and trade secret issues. Mr. Fontana has also defended wage and hour class actions involving state and federal law.Close
Thomas D. Rees
Mr. Rees heads the firm's Litigation, Employment Law, and Education Law Practices. As an... | Read More
Mr. Rees heads the firm's Litigation, Employment Law, and Education Law Practices. As an employment attorney, he represents employers in litigation over a host of concerns, including employment terminations, restrictive covenants, trade secrets, employee mobility issues, employment discrimination, sexual harassment, employment contract disputes, defamation, and privacy-related matters. Mr. Rees also serves employers in a wide variety of non-litigation matters, including contract negotiation, preparation of policies and procedures, and hiring and termination. He is a frequent author and lecturer on a variety of employment law topics.Close
Lee H. Rubin
Mr. Rubin is a civil and criminal litigator with extensive experience in private practice and in the government, where... | Read More
Mr. Rubin is a civil and criminal litigator with extensive experience in private practice and in the government, where he served as a prosecutor in the Department of Justice and as an Assistant U.S. Attorney for the District of Columbia. Mr. Rubin, who has tried approximately 20 jury trials and has argued matters in the federal courts of appeals and the highest courts of the states, has a wide-ranging practice, with a concentration in the defense of corporations and individuals in criminal investigations and prosecutions and civil enforcement actions by government agencies, often involving alleged violations of the antitrust and securities laws. He has also served as lead counsel in a number of internal corporate investigations, and has been involved in numerous antitrust, securities fraud and RICO matters, as well as trade secret litigation.Close