Joseph Saveri Law Firm Senior Associate Jiamie Chen co-organized and served as a panelist on a California Lawyers Association MCLE antitrust webinar program: “Latest Developments in No-Poach Agreements.”
No-poach agreements among employers have garnered significant attention from both government regulators and civil enforcement. This increased scrutiny followed on the heels of Department of Justice (“DOJ”) enforcement action and civil class action, led by the Firm, against several Silicon Valley companies for violating antitrust laws by entering into and enforcing no-poach agreements. The DOJ and Federal Trade Commission also issued a 2016 Guidance emphasizing that no-poach agreements may be pursued as criminal offenses. Since then, the Firm and other firms have filed civil enforcement action against franchise businesses who allegedly engage in unlawful no-poach agreements.
The panel discussion explored how the antitrust laws apply in the HR context, the types of agreements that pose the greatest risk, and how plaintiffs and defendants are litigating these cases. Topics included:
- Overview of how antitrust laws apply in the HR context;
- Degrees of risk in different kinds of no-poach agreements;
- Areas in which plaintiffs are bringing no-poach cases;
- Issues and strategies in litigating no-poach cases; and
- Issues related to compensation benchmarking and survey.
David M. Goldstein (Partner – Farmer Brownstein Jaeger & Goldstein) co-organized and moderated the program. Dean Harvey (partner – Lieff Cabraser Heimann & Bernstein), Caeli Higney (associate – Gibson Dunn), Michael Tubach (Partner – O’Melveny & Myers LLP), and Jiamie were the program’s panelists.