In an article published in Antitrust Magazine, Partners Perry Lange and Nana Wilberforce, and Counsel Lauren Ige and John O’Toole, discuss the current state of “no-poach” prosecution by looking at cases brought by the Antitrust Division of the Department of Justice since issuing the Antitrust Guidance to Human Resource Professionals in October 2016.
Excerpt: "Since issuing the October 2016 Antitrust Guidance to Human Resource Professionals (“HR Guidance”) regarding potential antitrust violations in labor markets, the Antitrust Division of the Department of Justice (“DOJ”) has been largely unsuccessful in criminally prosecuting such cases. The HR Guidance makes clear that DOJ views certain “naked” agreements that restrain competition in labor markets, including no poach and wage-fixing agreements, as criminal violations of the antitrust laws. Courts and juries in the cases tried thus far, however, have not shared that view."
