HomeWebcastEmployee Anti-Poaching Agreements and the Antitrust Laws: Safeguards and Pitfalls
Online CLE Anti-Poaching CLE

Employee Anti-Poaching Agreements and the Antitrust Laws: Safeguards and Pitfalls

Live Webcast Date: Tuesday, July 24, 2018 from 3:00 pm to 4:00 pm (ET)
CLE AntitrustRecording

Online CLE Anti-Poaching

No-poaching agreements came under increased scrutiny after the Federal Trade Commission (FTC) and the U.S. Department of Justice's (DOJ's) Antitrust Division issued a joint guidance document entitled "Antitrust Guidance for Human Resource Professionals". The Guidance specifically prohibits certain types of wage-fixing and no-poaching agreements. Companies or individuals that pursue such agreements will be prosecuted as criminal antitrust violators.

Unlike the typical non-compete and confidentiality agreements between employers and individual employees, no-poaching agreements are agreements between employers or companies themselves, irrespective of whether they compete in the same product or service market. This type of agreement primarily aims not to lose highly trained employees, instead of intellectual property and trade secrets, to competitors. Both the FTC and DOJ regard no-poaching agreements as anti-competitive and unlawful violations of the Shearman Antitrust Act as it restrain competition in the employment market.

To ensure compliance with the Guidance and avoid unwanted legal liability, it is important for employers to review their current hiring policies and refrain from entering into such agreements with a competitor, or even with noncompetitors.

In a Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the risks of no-poaching agreements for employers. They will offer best compliance practices in light of the increased enforcement focus in this area and the challenges brought by employee turnover and top-talent retention.

Key topics include:

  • No-Poaching Agreements under Antitrust Laws
  • The Antitrust Guidance for HR Professionals
  • Implications to Employment Practices
  • Recent Enforcement Actions
  • Best Compliance Practices

Agenda

SEGMENT 1:
Todd Seelman, Managing Partner
Lewis Brisbois Bisgaard & Smith LLP
  • Understanding the nature of “direct competition” in no-poaching and wage-fixing agreements
  • Understanding the liability difference between pre- and post-October 2016 no-poaching and wage-fixing agreements conduct
  • What is the DOJ up to in no-poaching and wage-fixing agreements prosecutions?

SEGMENT 2:
Jee-Yeon Lehmann, Vice President
Analysis Group
  • Key economic issues in anti-poaching and wage-fixing agreements
  • Key takeaways from recent cases involving anti-poaching and wage-fixing agreements
  • Implications of recent developments in employment antitrust litigation for non-compete agreements

Who Should Attend

  • Antitrust Law Attorneys
  • Litigation Attorneys
  • Employers
  • HR Executives
  • HR Personnel
  • In-House Counsel
  • Public and Private Companies
  • Other Related/Interested professionals

Online CLE Anti-Poaching

SEGMENT 1:
Todd Seelman, Managing Partner
Lewis Brisbois Bisgaard & Smith LLP
  • Understanding the nature of “direct competition” in no-poaching and wage-fixing agreements
  • Understanding the liability difference between pre- and post-October 2016 no-poaching and wage-fixing agreements conduct
  • What is the DOJ up to in no-poaching and wage-fixing agreements prosecutions?

SEGMENT 2:
Jee-Yeon Lehmann, Vice President
Analysis Group
  • Key economic issues in anti-poaching and wage-fixing agreements
  • Key takeaways from recent cases involving anti-poaching and wage-fixing agreements
  • Implications of recent developments in employment antitrust litigation for non-compete agreements

Online CLE Anti-Poaching

Online CLE Anti-Poaching

Todd SeelmanManaging PartnerLewis Brisbois Bisgaard & Smith LLP

Mr. Seelman is the Managing Partner of the Denver and Colorado Springs offices of Lewis Brisbois. Mr. Seelman is the firm’s chair of the Antitrust & Competition Practice and co-chair of the Government Investigations Practice. He focuses his practice on all facets of U.S. federal and state antitrust law, including: horizontal restraints (price-fixing, supply restrictions, group boycotts, bid rigging, competitor collaborations); vertical restraints (resale pricing programs; advertised pricing programs (MSRP, MAP, and Colgate polices); price discrimination; dealer termination); mergers and government reporting; and monopolization. Mr. Seelman is also an Adjunct Professor of Antitrust Law at the University of Denver’s Sturm College of Law.

Online CLE Anti-Poaching

Jee-Yeon LehmannVice PresidentAnalysis Group

Dr. Lehmann specializes in the application of microeconomics, econometrics, and statistical methods to complex litigation matters in the areas of labor and employment, antitrust, and health care. She has examined class certification, liability, and damages issues in a number of high-profile antitrust matters related to employment issues, including class actions involving allegations of anti-poaching and wage-fixing agreements. Over the course of these matters, Dr. Lehmann has supported academic experts and assisted counsel in multiple phases of the litigation. Prior to joining Analysis Group, Dr. Lehmann was a lecturer at Boston University and an assistant professor of economics at the University of Houston, where she taught undergraduate and graduate courses in labor economics and conducted research on discrimination and inequalities in the labor market. Her research on employment and healthcare topics has been published in peer-reviewed journals, including the Journal of Economic Literature, the Journal of Human Resources, and the American Journal of Managed Care.

Online CLE Anti-Poaching

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in human resource law

Course Code:
   146910

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credit:
    1.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

In 1979, seven lawyers from a premier Los Angeles firm founded Lewis Brisbois Bisgaard & Smith LLP in order to realize their vision of a high-achieving law firm culture comprised of diverse individuals focused on client service. Less than forty years later, that dream has been reached as Lewis Brisbois has approximately 1,200 attorneys in 42 offices in 26 states, and dedicates itself to more than 50 legal practice areas for clients of all sizes in every major industry.

Website: https://lewisbrisbois.com/

Analysis Group is one of the largest private economics consulting firms, with more than 800 professionals across 13 offices in North America, Europe, and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional breadth and depth of expertise.

Website: https://www.analysisgroup.com/

Mr. Seelman is the Managing Partner of the Denver and Colorado Springs offices of Lewis Brisbois. Mr. Seelman is the firm’s chair of the Antitrust & Competition Practice and co-chair of the Government Investigations Practice. He focuses his practice on all facets of U.S. federal and state antitrust law, including: horizontal restraints (price-fixing, supply restrictions, group boycotts, bid rigging, competitor collaborations); vertical restraints (resale pricing programs; advertised pricing programs (MSRP, MAP, and Colgate polices); price discrimination; dealer termination); mergers and government reporting; and monopolization. Mr. Seelman is also an Adjunct Professor of Antitrust Law at the University of Denver’s Sturm College of Law.

Dr. Lehmann specializes in the application of microeconomics, econometrics, and statistical methods to complex litigation matters in the areas of labor and employment, antitrust, and health care. She has examined class certification, liability, and damages issues in a number of high-profile antitrust matters related to employment issues, including class actions involving allegations of anti-poaching and wage-fixing agreements. Over the course of these matters, Dr. Lehmann has supported academic experts and assisted counsel in multiple phases of the litigation. Prior to joining Analysis Group, Dr. Lehmann was a lecturer at Boston University and an assistant professor of economics at the University of Houston, where she taught undergraduate and graduate courses in labor economics and conducted research on discrimination and inequalities in the labor market. Her research on employment and healthcare topics has been published in peer-reviewed journals, including the Journal of Economic Literature, the Journal of Human Resources, and the American Journal of Managed Care.

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