Broadcast Date: Friday, October 27, 2023
from 1:00 pm to 2:00 pm (ET)
Overview:
In the ever-evolving intersection of antitrust laws and labor markets, “No-Poach Agreements” have emerged as a complex and contentious issue. These agreements, which involve companies agreeing not to hire each other’s employees, have attracted considerable attention from legal, economic, and business perspectives.
No-poach agreements, innocuous at first glance, have profound implications on competition, wages, and labor market dynamics. Their legal status and economic impact have sparked debates and enforcement actions. Antitrust regulations, historically applied to price-fixing and market allocation, now extend their reach to scrutinize these labor market practices.
Join antitrust litigators Kevin B. Goldstein (Winston & Strawn LLP) and Renee E. Turner (Fried, Frank, Harris, Shriver & Jacobson LLP) as they provide a comprehensive discussion and dissect the intricacies surrounding no-poach agreements, delving deep into their legal implications, economic ramifications, and practical considerations. Speakers, among other things, will offer practical tips and strategies for understanding of the complexities surrounding no-poach agreements and the consequences of running afoul of antitrust laws.
Key topics include:
- Understanding No-Poach, Non-Solicit, Non-Compete, and Other Agreements Restricting Labor
- Perspective of U.S. Antitrust Enforcers on No-Poach Agreements
- Global Trend Towards Increased Antitrust Scrutiny of Labor Markets
- Recent Developments in Criminal Enforcement Against No-Poach Agreements
- Recent Developments in Civil Litigation, Including Class Certification and Arbitrability Challenges for No-Poach Claims
- Best Practices for Minimizing Antitrust Risk
- Understanding When Labor Restrictions Can Be Permissible and How to Draft Agreements to Minimize Risk
- Managing HR and Business Teams to Avoid Unintentional Risk
- What to Do If You Discover a Possible No-Poach Violation
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-Demand Webcast
Prerequisite:
General knowledge of antitrust laws
Course Code:
149890
NY Category of CLE Credit:
Areas of Professional Practice
Total Credit:
1.0 CLE
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
Kevin B. Goldstein, Partner
Winston & Strawn LLP
Kevin Goldstein is an antitrust litigator who provides counsel in all areas of antitrust law, including civil litigation, government investigations, and mergers. He specializes in defending clients in high-stakes contested matters, including in class actions, multidistrict litigation, civil and criminal investigations, and other private litigation and arbitration. Kevin has built a strong antitrust practice handling federal and state antitrust issues, including defending against claims of price-fixing, illegal vertical agreements, monopolization, and no-poach violations. He also has counseled clients on data exchanges, JVs and competitor collaborations, pricing and distribution issues, and a wide array of other antitrust issues. He also has significant experience working with the FTC, DOJ Antitrust Division, and state attorneys general both to defend conduct investigations and to obtain regulatory approvals for complex transactions. Kevin is also adept at multijurisdictional cartel and merger defenses, with experience coordinating defense between the United States and jurisdictions including the European Union, Japan, Korea, Canada, Mexico, Brazil, China, and South Africa. He also has experience with antitrust matters in a wide range of industries including automobile components, chemicals, consumer electronics, financial services, health care and insurance, medical devices, music licensing, pharmaceuticals, publishing, radio, retail, and semiconductors. Kevin serves as chair of the Chicago Bar Association Antitrust Committee. He has been recognized as a “Rising Star” for Antitrust Litigation by Super Lawyers for several years running and named to Best Lawyers: Ones to Watch in America for Antitrust Law from 2021-2023.
Renee E. Turner, Associate
Fried, Frank, Harris, Shriver & Jacobson LLP
Renee Turner is a senior litigation associate in Fried Frank’s New York office.
Renee’s practice focuses on representing corporations, boards of directors, and financial institutions in a broad array of commercial disputes, antitrust investigations, regulatory enforcement matters, and internal investigations. She has represented clients in state and federal courts, and in connection with regulatory investigations by the US Department of Justice and the Federal Trade Commission.
Renee has co-authored articles that have appeared in publications including Concurrences, the M&A Lawyer, The Journal of Federal Agency Action, Law360, Wall Street Lawyer, and the New York Law Journal. She has also co-authored several memoranda that have been published in Fried Frank’s Antitrust & Competition Law Alert®, which reports on significant developments in antitrust and competition law.
Prior to joining Fried Frank, Renee served as a law clerk at the District Court of the Virgin Islands and the Superior Court of the District of Columbia. She received her JD from Indiana University School of Law and her BA, cum laude, from Spelman College. She is admitted to practice in New York and the US District Court for the Southern District of New York.
Agenda:
Kevin B. Goldstein, Partner
Winston & Strawn LLP
AND
Renee E. Turner, Associate
Fried, Frank, Harris, Shriver & Jacobson LLP
- Understanding No-Poach, Non-Solicit, Non-Compete, and Other Agreements Restricting Labor
- Perspective of U.S. Antitrust Enforcers on No-Poach Agreements
- Global Trend Towards Increased Antitrust Scrutiny of Labor Markets
- Recent Developments in Criminal Enforcement Against No-Poach Agreements
- Recent Developments in Civil Litigation, Including Class Certification and Arbitrability Challenges for No-Poach Claims
- Best Practices for Minimizing Antitrust Risk
- Understanding When Labor Restrictions Can Be Permissible and How to Draft Agreements to Minimize Risk
- Managing HR and Business Teams to Avoid Unintentional Risk
- What to Do If You Discover a Possible No-Poach Violation
Date & Time:
Friday, October 27, 2023
1:00 pm to 2:00 pm (ET)
Who Should Attend:
- Antitrust Lawyers
- Labor & Employment Lawyers
- HR Professionals
- Business Owners/Employers
- Compliance Officers
- General/In-House Counsel
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