“No-Poach” Agreement Enforcement: Hot-Buttons in 2020 and Beyond
“No-poach” agreements remain to be the U.S. government’s top antitrust enforcement agenda as shown by the latest advocacy efforts of the Department of Justice (DOJ). Just recently, the DOJ filed Statements of Interest in a number of pending lawsuits to clarify that “no-poach” agreements involved in those cases were not per se unlawful and should be examined under federal antitrust laws. Although the DOJ’s statements might help defendants in securing a case’s dismissal, changes in relevant antitrust doctrine can pose significant challenges. Furthermore, state attorneys general and private plaintiffs are expected to continuously challenge no-poach agreements in the context of state antitrust laws.
To help antitrust and human resources (HR) professionals understand no-poach agreement enforcement, The Knowledge Group has assembled a panel of key thought leaders to provide an in-depth discussion of the most recent regulatory and judicial developments during a LIVE Webcast. They will also offer the best compliance practices and effective litigation strategies to avoid risks and pitfalls.
Key topics include:
- No-Poach Agreement Enforcement: Recent Developments
- DOJ Statements of Interest – Implications
- Notable Cases
- Best Compliance Practices
- Effective Litigation Strategies
Latham & Watkins
- Overview of Criminal and Civil Developments With Respect to No-Poach Agreements
- 2016 Guidance (Antitrust Guidance for Human Resources Professionals)
- Stance of State Attorney Generals on No-Poach Agreements
Morrison & Foerster LLP
- DOJ’s recent statements of interest filed on the same day in 3 related franchise matters advocating for application of the rule of reason, versus in the Duke class action advocating for per se treatment
- Trend of the DOJ appearing in civil cases to express its position on no-poach agreements and other areas of antitrust law, and influence evolving law on the proper treatment of no-poach agreements
NERA Economic Consulting
- The general model of monopsony in labor markets. How economists look at imperfect competition in labor markets?
- Different types of no-poach allegations. Common threads across varying employers and industries
- Examples of the theories of classwide harm alleged by plaintiffs in no-poach cases
- Issues in demonstrating the classwide impact of an allegedly anticompetitive no-poach agreement
Who Should Attend:
- Antitrust Lawyers
- Labor and Employment Lawyers
- HR Executives
- Corporate Counsel
Maggy Sullivan is a partner in the Litigation & Trial Department of Latham & Watkins and is a member of the firm’s Antitrust & Competition Practice, the Finance Committee, and the Strategic Client Committee. She has extensive experience in both private and government antitrust matters, and has defended corporate clients in cartel investigations, complex civil actions, multi-district actions, and class actions.
Ms. Sullivan focuses on antitrust class actions and business to business litigation in state and federal courts, criminal cartel investigations, and antitrust compliance counseling. She has been involved in some of the largest and most complex antitrust matters to date.
Ms. Sullivan’s antitrust work has covered a wide range of industries, including energy, consumer products, healthcare, automotive, software and technology, construction materials, specialty chemicals, textiles, medical dictation, paper, cable, and satellite.
Maggy Sullivan is a partner in the Litigation & Trial Department of Latham & Watkins and is a member of …
Bonnie’s practice focuses on antitrust and unfair competition class action litigation in federal and state courts, as well as enforcement proceedings before agencies in the U.S. and other countries. She leverages her almost 15 years of experience in civil and criminal antitrust litigation and investigations to advise clients across a range of industries that face government scrutiny, including technology and manufacturing. Bonnie has defended companies in antitrust and related complex litigation involving claims of price-fixing, output suppression, monopolization, and group boycott, as well as prosecuted antitrust counterclaims in patent and IP infringement matters. She regularly serves as lead counsel on antitrust price-fixing cartel matters in the Northern District of California.
Bonnie devotes herself to promoting diversity in the legal community, serving as Chair-Elect of the Leadership Council for Legal Diversity Fellows Alumni; Co-Chair of the Women’s Leadership Network for the National Asian Pacific American Bar Association; and Advisory Board member of the Minority Corporate Counsel Association.
Bonnie’s practice focuses on antitrust and unfair competition class action litigation in federal and state courts, as well as enforcement …
Dr. Newlon has extensive expertise in applying economics and statistical analysis in matters relating to labor and antitrust litigation in healthcare, delivery services, high-tech, and financial industries. At the nexus of labor and antitrust litigation, Dr. Newlon has significant experience evaluating allegations of compensation suppression by employers through both no-poaching and wage-fixing agreements. She has testified and consulted extensively as a labor and employment expert for companies such as Wal-Mart and FedEx Ground, and she brings her expansive knowledge of labor economics and labor markets to her work on wage suppression matters. Dr. Newlon testified as the labor expert in Johana Paola Beltran, et al., v. Interexchange, Inc., et al., a matter in which labor violations flowed from the allegation of price-fixing of au pair stipends. Dr. Newlon also led the Defense’s research team on the High-Tech Antitrust Litigation, a case involving multiple Defendants alleged to have suppressed over 60,000 employees’ wages through informal no-cold call agreements. Dr. Newlon also has experience analyzing liability issues with respect to wage-fixing agreements related to travel and per diem nurses.
Dr. Newlon has extensive expertise in applying economics and statistical analysis in matters relating to labor and antitrust litigation in …
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Method Of Presentation:
General knowledge of antitrust laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Latham & Watkins
Latham & Watkins delivers innovative solutions to complex legal and business challenges around the world. From a global platform, Latham lawyers advise leading multinationals, boundary-pushing start-ups, and the investors and financial institutions that fuel them. The firm helps clients navigate market-shaping transactions, high-stakes litigation and trials, and sophisticated regulatory matters. Latham is one of the world’s largest providers of pro bono services, steadfastly supports initiatives designed to advance diversity within the firm and the legal profession, and is committed to exploring and promoting environmental sustainability.
About Morrison & Foerster LLP
With approximately 1,000 lawyers in 17 offices, Morrison & Foerster is a preeminent global law firm dedicated to delivering business-oriented results to clients across the United States, Europe and Asia. Dynamic technology and life science companies, large financial institutions, leading consumer product companies and other market leaders come to Morrison & Foerster for knowledge, innovation and business aptitude. Morrison & Foerster handles some of the world’s largest crossborder transactions and resolves major disputes across multiple jurisdictions. The firm has a long-standing commitment to pro bono work and social justice.
About NERA Economic Consulting
NERA Economic Consulting is a global leader in economic analysis and consulting. With nearly 400 experts in 25 offices around the world, the firm applies economic, finance, and quantitative principles to solve complex business challenges and legal questions. Our experts advise clients and, when necessary testify, on some of today’s most difficult problems in the fields of antitrust and competition, intellectual property, securities and finance, transfer pricing, and energy, communications, and infrastructure issues. NERA is known for providing clear, independent, defensible analysis innovation in the application of economics, statistics, and data analysis.