Drafting M&A No-Poach Provisions Amid Regulatory Scrutiny

By Thomas Fina, James Marshall, Jeremy Moore and Stacy Turner (July 12, 2018, 2:03 PM EDT) -- A senior U.S. Department of Justice official recently remarked that the number of "no-poach" agreements between companies — which can include agreements not to solicit or hire a competitor's employees — in apparent contradiction of DOJ and Federal Trade Commission guidance was "shocking" and that he was surprised by how prevalent the practice is.[1] Other senior DOJ officials have repeatedly stated over the last year that the DOJ's Antitrust Division has a number of ongoing investigations in this area, and that it plans soon to issue indictments.[2] Agreements regarding soliciting and hiring employees of competitors have become an enforcement priority for U.S. antitrust authorities, and potential parties to merger and acquisition transactions should take a fresh look at how they approach the issue....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!