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Overview:

In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued its Joint Guidance for Human Resources Professionals on no-poach agreements. Since then, the Antitrust Division has continuously emphasized its initiatives in scrutinizing potential anticompetitive employment agreements.

With the heightened regulatory investigation on no-poach agreements, companies are confronted with a myriad of challenges including exposure to lawsuits and enforcement actions. To manage these risks, businesses must revisit their practices and policies on employment agreements as well as keep themselves abreast with emerging developments in antitrust law.

In a LIVE CLE program, The Knowledge Group has brought together a distinguished panel of thought leaders and practitioners to provide the audience with a comprehensive discussion of the DOJ’s recent enforcement initiatives on no-poach agreements. Speakers will also present emerging regulatory trends and developments in antitrust law and offer the best compliance practices as well as tips in drafting standard employment agreements to avoid legal liabilities.

This course will discuss the following key provisions:

  • No-Poach Agreements: Enforcement Trends and Statistics
  • Regulatory Updates in Antitrust Law
  • Notable Cases and Court Rulings
  • Risk Mitigation Strategies
  • Drafting Standard Employment Agreements
  • Best Compliance Practices

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge of antitrust laws

 

Course Code:

148983

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credits:

1.5 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/

Speaker Panel:

Matthew Modell, Attorney
Shearman & Sterling

Matt Modell is an associate in the Global Antitrust & Disputes Practice Group in Shearman & Sterling’s Washington, DC office. He focuses on antitrust and other complex litigation at the trial level in federal and state courts throughout the country. He has represented clients in various industries including defense, oil and gas, financial services, retail, and technology. Matt’s practice covers a broad range of litigation and internal investigation matters, including trade secret, fraud, unjust enrichment, and false claims matters. He has also represented corporate and individual clients in Department of Justice criminal and civil antitrust investigations, including handling plea negotiations in matters involving automobile parts.

Previously, Matt clerked for Judge Terrance W. Boyle in the Eastern District of North Carolina.

Kenina J. Lee, Counsel
Axinn, Veltrop & Harkrider LLP

Kenina Lee is antitrust counsel in Axinn’s Washington, DC office. Kenina litigates major class action and multi-district antitrust litigation cases in federal courts throughout the United States. She also provides antitrust counseling and represents clients before the Federal Trade Commission (FTC) and Department of Justice (DOJ).

Prior to joining the firm, Kenina worked in both the Anticompetitive Practices and Mergers I division at the Federal Trade Commission as a legal extern and law clerk. At the FTC, she aided in merger investigations in the pharmaceutical and medical data-analytics industries.

Dr. Michael I. Cragg, Principal
The Brattle Group, Inc.

Dr. Cragg has testified and consulted on competition issues in platform matters, sports and entertainment, high tech and software markets, airline markets, pharmaceutical markets, medical devices, health insurance, health care providers, power and gas markets, payment systems, and financial and commodity markets.

Recognized by Who’s Who and GCR as a leading competition expert, Dr. Cragg is an experienced testifier across multiple disciplines and regularly sought after as a guest speaker.

Agenda:

SEGMENT 1:

Matthew ModellAttorney

Shearman & Sterling

  • What is a no-poach agreement and why they are potentially illegal
  • FTC & DOJ HR guidance
  • When no-poach agreements are per se illegal; generally permissible conduct, situations that may require further review

SEGMENT 2:

Dr. Michael I. Cragg, Principal

The Brattle Group, Inc.

  • There are well established efficiency reasons for no-poach agreements related to employer investments in training and development.  The mix of general and specific human capital investment is an important consideration.
  • These considerations are especially important in forming joint ventures because ownership over contributed assets is often an important component of the JV economics.
  • Another important consideration is that wage growth within a firm is more important for low educated workers whereas wage growth from moving is more important for college educated workers therefore effects are going to differ by quite a bit if we are in a franchise setting versus a professional services setting.
  • Therefore market definition and the impact that those involved in the no-poach agreement plays a very important role.  The market for low-skilled labor is far broader than high-skilled labor and the market for high skilled-labor specific to particular occupations can be narrower still.
  • The language of no-poach agreements have swept up a variety of different contract clauses whose economic impacts differ. No-call and no-hire are different restrictions, especially when there is a geographic component.

SEGMENT 3:

Kenina J. Lee, Counsel

Axinn, Veltrop & Harkrider LLP

  • DOJ Enforcement of No-Poach
  • Special Focus on Franchise No-Poach Cases
  • Circuit Split on Standard of Review
  • Overview of Relevant Cases
  • DOJ Statements of Interest
  • Single-Entity Defense

SEGMENT 4:

Matthew Modell/Kenina J. Lee

  • Three recent indictments that have come out in the no poach area
    • Surgical Care affiliates  - Matt to discuss, then turning it over to Kenina
    • Jindal on wage fixing
    • Hee and VDA OC)

Date & Time:

Thursday, May 06, 2021

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

Materials:

Download Course Materials

Who Should Attend:

  • Antitrust Lawyers
  • Labor and Employment Lawyers
  • HR Executives
  • Corporate Counsel
  • Litigators

SPEAKERS

Matthew ModellAttorney
Shearman & Sterling
Kenina J. LeeCounsel
Axinn, Veltrop & Harkrider LLP
Dr. Michael I. CraggPrincipal
The Brattle Group, Inc.

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