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Broadcast Date: Tuesday, June 21, 2022 from 12:00 pm to 2:00 pm (ET)

Overview:

The first criminal indictment for no-poach agreements targeting Surgical Care Affiliates (SCA) LLC and SCAI Holdings, LLC along with several succeeding indictments have spiked attention and focus in antitrust law. The intensified enforcement actions, which are likely to continue, have put managers on guard.

Because antitrust enforcement is a clear priority under the Biden administration, companies are advised to stay in the loop and focus their compliance efforts on educating employees as well as on the recent developments in this area of law to avoid potential risks.

In a LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and recent developments surrounding no-poach agreements. 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:

2.0 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.

Dr. David Colino, Managing Principal
Edgeworth Economics

Dr. David Colino is an expert in applied microeconomics and causal inference who specializes in the application of statistical and econometric tools to litigation and business consulting matters. Dr. Colino’s work focuses on the economics of antitrust and intellectual property, for which he provides rigorous economic and quantitative analysis to address issues of class certification, liability, and damages. He has worked on US and Canadian cases in a wide range of industries and he has ample experience analyzing economic issues related to monopolization and collusion claims.

Dr. Colino earned his PhD in economics from the Massachusetts Institute of Technology. His academic research focused on the economics of industrial organization, innovation, and intellectual property.

Agenda:

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

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?

 

Dr. Fabian Leimgruber LL.M., Partner

ThomannFischer

Dr. David Colino, Managing Principal

Edgeworth Economics
  • Differences between horizontal and vertical agreements
  • Differences between “naked” and “ancillary” no-poach agreements
  • Potential pro-competitive benefits of no-poach agreements

 

Materials:

Coming Soon.

Please check back again later.

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
Dr. David ColinoManaging Principal
Edgeworth Economics

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