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Broadcast Date: Tuesday, June 21, 2022
from 12:00 pm to 1:30 pm (ET)

Overview:

For many years, antitrust legal activity and enforcement was focused on conduct related to competitors’ product markets. However, recently, several cases have focused on activities associated with no-poaching, or agreements between industry competitors relating to their employees and workforces.

The labor and employment paradigm shift and the clear ramp-up of antitrust enforcement have placed managers on alert and spiked awareness of employers with regards to a new set of rules and a rewriting of what labor compliance now means. The urgency has been made more important by recent indictments for antitrust in employment like the case of Surgical Care Affiliates LLC and its successor SCAI Holdings, LLC.

In a LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the latest enforcement trends and what employers need to watch out for. Speakers will also offer litigation strategies and best practices to ensure compliance.

Key issues that will be covered in this course are: 

  • Recent Legal Developments
  • Enforcement Activities and Priorities
  • Best Compliance Practices for Employers
  • Litigation Strategies
  • An Outlook

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

Live Webcast

 

Prerequisite:

General knowledge of antitrust laws

 

Course Code:

149890

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.5 CLE

Speaker Panel:

Lindsey Strang, Associate
Axinn, Veltrop & Harkrider LLP

Lindsey Strang is an associate in Axinn’s antitrust group. Her practice focuses on civil litigation, government investigations, mergers and acquisitions, and counseling and compliance. Lindsey has recently been involved in litigating multiple class action lawsuits alleging price-fixing by major U.S. protein suppliers. Her recent antitrust work on strategic transactions includes Tyson Foods’ $1.2 billion sale of its pet treats business to General Mills. Lindsey maintains an active pro bono practice, and is currently leading an effort to recover owed wages from celebrity chef Mike Isabella and his business associates on behalf of a class of restaurant workers.

Marc Freedman, Senior Associate
Van Bael & Bellis

Marc Freedman is a Senior Associate in Van Bael and Bellis’ (VBB) newly-opened London office, focusing on UK and EU competition law.

Marc’s practice includes advising clients on complex UK, EU and multi-jurisdictional merger control, foreign direct investment screening, antitrust investigations, abuse of dominance, market studies and market investigations.

His experience spans numerous sectors, including financial services, tech and fintech, food and drink, automotive, basic industries, FMCG, pharmaceuticals and media.

Marc also recently completed a year-long secondment to the UK’s Competition and Markets Authority (CMA).

Dr. Fabian Leimgruber LL.M., Partner
ThomannFischer

Dr. Fabian Leimgruber is a lawyer and senior patent attorney, who has earned an international reputation as litigator and prosecutor mainly in the fields of competition and antitrust law, software and business methods patenting, pharmaceutical and life science IP protection. He practices in an advisory and forensic role as a licensed attorney before various courts on all levels, the Opposition and Appeal Boards of the European Patent Office, as well as national and international arbitration courts.

Juris Doctor in comparative antitrust and competition law. Natural Science Doctor in Physics. Specialized expertise in (i) competition/antitrust law, pharmaceutical industry and reverse payment settlement agreements, (ii) protection of software, business model and artificial intelligence, (iii) information technology (IT), electrical engineering and telecommunications, (iv) nano-technology and bio-chemistry.

Agenda:

Segment 1:

Lindsey Strang, Associate

Axinn, Veltrop & Harkrider LLP

  • Importance of ensuring no-poach training reaches beyond Human Resources professionals to the business people who recruit, interview, and make decisions about hiring of employees
  • Risks associated with “heads-up” calls notifying competing employers of intent to interview or hire their employees
  • Appropriate justification for and tailoring of non-solicit agreements

Segment 2:

Marc Freedman, Senior Associate

Van Bael & Bellis

  • Mounting evidence that European antitrust authorities are increasingly turning their attention towards no-poach (and other labour market) agreements, following growing international momentum.
  • What would be the antitrust infringement (under EU/UK law)?
  • Possible tension with other European Commission/CMA policies?
  • Implications for companies active in Europe?

 

Segment 3:

Dr. Fabian Leimgruber LL.M., Partner

ThomannFischer
  • No-poach agreements – synopsis and legal comparison in the global market
  • Recent enforcement activities – US/EU/BRIC
  • No-poach agreement under antitrust law
  • What are the qualifications for antitrust infringement
  • Policy tension: Poaching and No-poaching conflicting EU understanding of antitrust
  • Implications for Employers

Date & Time:

Tuesday, June 21, 2022

12:00 pm to 1:30 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Antitrust Lawyers
  • Labor and Employment Lawyers
  • In-house Counsel
  • Human Resource Managers
  • Compliance Professionals
  • Corporate Lawyers
  • C-Suite Executives
  • HR Professionals
  • Business Development Professionals

SPEAKERS

Lindsey StrangAssociate
Axinn, Veltrop & Harkrider LLP
Marc FreedmanSenior Associate
Van Bael & Bellis
Dr. Fabian Leimgruber LL.M.Partner
ThomannFischer

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