Evolving No-Poach Landscape Requires A Vigilant Eye

Law360 (September 11, 2019, 2:25 PM EDT) -- No-poach agreements have been in the news nearly every week this summer. Multiple class actions are currently pending against franchise organizations, with the applicable standard for analyzing no-poach provisions hanging in the balance.[1]

State attorneys general offices have been vigorously attacking such provisions, reaching dozens of settlements with nationwide impact,[2] and creating a possible tension between state and federal law.[3] No-poach provisions have even made their way to the national election stage, as presidential hopefuls Sen. Elizabeth Warren, D-Mass., and Sen. Cory Booker, D-N.J., recently reintroduced legislation to eradicate the restrictive agreements.[4] 

While often these agreements have no competitive justification, in...

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