Analysis

What The DOJ's Latest Case Says About No-Poach Policy

Law360 (April 10, 2018, 8:36 PM EDT) -- The U.S. Department of Justice announced a settlement in early April with a pair of rail equipment companies accused of agreeing not to hire away each other's employees. But despite several warnings from agency leadership that no-poach agreements could be prosecuted as criminal violations, the case the DOJ brought was civil.

Here, Law360 looks at what to make of the latest antitrust employment case and what it says about the agency's policy.

The DOJ began warning companies in October 2016 that agreements restricting competition for workers that are not tied to an underlying transaction or collaboration could be prosecuted criminally, the...

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