Significant Antitrust Issues in Hiring and Compensation: Practical Guide for Employers and HR Professionals
To help HR professionals ensure that their company’s hiring and compensation practices comply with the antitrust laws, the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) have jointly issued a written guidance called, “Antitrust Guidance For Human Resource Professionals.” Issued on October 20, 2016, the guidance also states that individuals and companies found to have violated antitrust laws may be pressed with criminal charges. Therefore, a finding of no-poaching and wage-fixing agreement may result in felony criminal charges against the employers and individuals involved.
In this LIVE Webcast, a notable panel of thought leaders and professionals assembled by The Knowledge Group will provide the audience with an in-depth analysis of the Antitrust Guidance For Human Resource Professionals. Speakers will also present key pointers, legal insights and important issues on the application of antitrust laws to employee hiring and compensation decisions. Most importantly, they will offer best practices on compliance and risk management.
Key topics include:
- The Antitrust Guidance For Human Resource Professionals - Overview
- Antitrust Laws and Your Firm's Hiring and Compensation Practices
- No-Poaching and Wage-Fixing Agreements
- Criminal Charges
- Best Compliance and Risk Management Practices
McDermott Will & Emery
- Definition of No-Poach Agreements and Other Terms in the Presentation
- Background of No-Poach Agreements
- Prior High Profile DOJ Civil Enforcement Against No-Poaching Agreements in Various Industries
Hughes Hubbard & Reed LLP
- Prior High Profile DOJ Civil Enforcement Against No-Poaching Agreements in the Technology Industry
- DOJ’s Recent Decision to Treat No-Poaching Agreements as Criminal Antitrust Violations
- Avoiding Criminal Antitrust Liability in Connection with No-Poaching Agreements
- Recent DOJ Focus on No-Poaching Agreements in the Financial Services Industry
- Related Non-Compete Agreements Also Becoming a Major Government Focus
- DOJ Guidance for HR Professionals Regarding Sensitive Information Exchanges
Haug Partners LLP
- Antitrust fundamentals - how wage fixing, no-poaching agreements and other collusive behavior concerning hiring and retention may harm competition and violate the antitrust laws.
- Government enforcement - the gov't has previously targeted wf and npas using civil enforcement (injunctions & moderate fines) but may also use criminal enforcement and will likely step up civil as well. This issue is on gov't radar.
- Private enforcement - a separate risk that may follow or coincidence with government prosecution, bringing more aggressive adversaries, different process, different penalties
- Gov't Guidance - discussion of do's and don'ts
- Practical advice - how to address the same concerns without running against the antitrust laws
Who Should Attend:
- Labor and Employment Lawyers
- Human Resource Managers
- Payroll/Benefits Managers
- In-house Counsel
- Antitrust Lawyers
- Other related/interested Professionals and Organizations
Lauren Salins focuses her practice on antitrust class action litigation, health care antitrust matters, and criminal antitrust investigations. Lauren has represented both US and international companies in complex civil litigation against claims of anticompetitive conduct. She has experience conducting internal investigations for global corporations, and counseling companies and executives in antitrust investigations brought by antitrust enforcement agencies such as the United States Department of Justice and Japan Fair Trade Commission. Lauren also focuses on counseling clients on antitrust compliance issues.
Lauren Salins focuses her practice on antitrust class action litigation, health care antitrust matters, and criminal antitrust investigations. Lauren has …
Dina Hoffer is an associate in the litigation department of Hughes Hubbard & Reed LLP, specializing in government investigation defense and complex litigation. She represents corporations and executives facing United States Department of Justice criminal investigations into potential antitrust, fraud, and bribery violations, and advises clients on antitrust risk and compliance. She serves a diverse range of clients, including those in the pharmaceutical, automotive, manufacturing, biomedical technology, and energy industries. Ms. Hoffer also has experience with high-profile litigation in federal and state courts, and has worked with international clients in cross-border disputes.
Dina received her J.D. from Columbia University School of Law where she was a Harlan Fiske Stone Scholar. She earned her B.A. from Columbia University as well.
Dina Hoffer is an associate in the litigation department of Hughes Hubbard & Reed LLP, specializing in government investigation defense …
David Shotlander is an antitrust associate in the Washington, D.C. office of Haug Partners, focusing his practice on antitrust litigation, government investigations and counseling. Mr. Shotlander has a strong background in industrial economics and has provided antirust and litigation services to corporate clients for over a decade – a mix of skill and experience that enables him to pointedly and successfully address the questions and problems faced by his clients. Mr. Shotlander has represented branded and generic pharmaceutical companies on matters involving critical and emerging antitrust issues, including “reverse payment” litigation. He has also represented parties in merger and civil non-merger investigations before the Federal Trade Commission, Department of Justice and state attorney generals, as well as foreign competition authorities.
Mr. Shotlander’s merger experience includes pre-merger and HSR counseling, second requests and general advocacy before the agencies. In private matters, he has participated in the defense of companies in complex class action litigation and internal investigations on issues pertaining to antitrust, fraud and general business torts, and has significant experience with electronic discovery and motion practice. He has also counseled clients with regard to horizontal collaborations, distribution and licensing practices and antitrust compliance generally. Mr. Shotlander is experienced in economic/data analysis and works closely with economists on many complex matters. Mr. Shotlander’s work has covered many industries but his practice has been most concentrated within the pharmaceutical, grocery and energy sectors.
David Shotlander is an antitrust associate in the Washington, D.C. office of Haug Partners, focusing his practice on antitrust litigation, …
Print and review course materials
Method of Presentation:
Experience in antitrust law or employment law
NASBA Field of Study:
Personnel/Human Resources - Non-Technical
NY Category of CLE Credit:
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About McDermott Will & Emery
McDermott Will & Emery is a leading international firm with a diversified business practice. Currently numbering more than 1,000 lawyers, we have 19 offices worldwide and a strategic alliance with MWE China Law Offices in Shanghai. Our Firm has more than 80 years of experience serving a wide range of commercial, industrial and financial enterprises, both privately and publicly held. As a Firm, we represent more than 81 percent of the Fortune 100, 70 percent of the DAX 30, 65 percent of the CAC 40, 41 percent of the Forbes 100 Largest Private Companies, as well as 31 percent of the FTSE 100. In addition, we counsel clients in more than 91 countries across six continents. McDermott lawyers are globally recognized by both our clients and the industry as being highly-skilled in our fields, as listed in Chambers, U.S. News and Best Lawyers, and The Legal 500.
About Hughes Hubbard & Reed LLP
Hughes Hubbard & Reed LLP is a New York City-based international law firm with a relentless focus on providing quality service to our clients and delivering successful results in the most complex matters. The firm is a leader in promoting diversity and is recognized for its pro bono achievements.
Our success has been, and will always be, built around our singular focus on quality and results. Every day, we work to earn the trust of our clients by bringing innovative and effective solutions to our clients’ most challenging matters. We strike the balance between scale and agility, handling large and complex matters, while remaining flexible to adapt to clients’ needs and market developments.
Known for our teamwork – with one another, our clients and with other law firms – Hughes Hubbard has a distinguished history dating back more than a century. The firm was founded in 1888 by renowned jurist and statesman Charles Evans Hughes (future governor, secretary of state and chief justice), whose values and innovative thinking about the practice of law have been passed down through generations of our firm’s lawyers.
For more information, visit hugheshubbard.com.
About Haug Partners LLP
Haug Partners is a full-service, national law firm that provides integrated multidisciplinary legal services for life science and technology companies. Our service offerings include: (i) Antitrust Litigation and Counseling; (ii) Commercial Litigation and Strategic Counseling; (iii) Due Diligence; (iv) FDA Compliance and Counseling; (v) Intellectual Property Enforcement; (vi) Intellectual Property Procurement and Strategy; (vii) International Trade Commission; (viii) Investigations, Compliance, and Risk Mitigation Services; (ix) Licensing and Transactions; and (x) Trademarks and Unfair Competition. With offices in New York, Washington, D.C., and Boston, and through relationships with firms in Germany, China, Japan, and other key international markets, Haug Partners has the resources, technical expertise, legal acumen, and business judgment to consistently deliver optimal outcomes for clients. The firm was founded in 1997 as Frommer Lawrence and Haug and adopted the Haug Partners name in March 2017.