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Employee “No-Poaching” Agreements Remain in the Antitrust Crosshairs

Gregory E. Heltzer et al., McDermott Will & Emery Antitrust Alert, February 16, 2017

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There have been a series of investigations, class action suits and high value settlements involving agreements not to solicit employees. In addition, the Department of Justice (DOJ) Antitrust Division made a splash a few months ago when it announced that it would criminally investigate and prosecute employers that engage in certain “naked” no-poach or wage-fixing agreements.

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