Broadcast Date: Wednesday, October 20, 2021
from 1:00 pm to 2:00 pm (ET)


No-poach agreements have been in the crosshairs of antitrust regulators since the issuance of the Antitrust Guidance for Human Resource Professionals in 2016. In the said guidance, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) indicated their intent to criminally prosecute companies and employers that enforce no-poach agreements and other labor contracts which are considered illegal under antitrust laws. The agencies recently brought criminal indictments in keeping with their promise.

The trend against anticompetitive employer conduct is expected to intensify under the current administration through increased investigations and prosecutions. Thus, employers should start reviewing their labor agreements and ensure that no provision in these contracts can be considered anticompetitive.

In this LIVE CLE program, join antitrust experts Niyati Ahuja (Econ One Research, Inc.) and Valarie C. Williams (Alston & Bird) as they address the economic underpinnings of no-poach agreements and the legal implications of the government’s continuing crackdown. They will also discuss how employers can avoid running afoul of antitrust laws.

Key topics include:

  • Antitrust Guidance for Human Resource Professionals – An Overview
  • No-Poach Agreements: Enforcement Trends and Outlook
  • Economic Effects of No-Poach Agreements
  • Why No-Poach Agreements are Anticompetitive
  • Notable Cases and Court Rulings
  • Best Compliance Practices and Practical Tips for In-House Counsel


Course Level:



Advance Preparation:

Print and review course materials


Method of Presentation:

Live Webcast



General knowledge of antitrust laws


Course Code:



NY Category of CLE Credit:

Area of Professional Practice


Total Credit:

1.0 CLE

Speaker Panel:

Niyati Ahuja Ph.D., Senior Economist
Econ One Research, Inc.

Dr. Ahuja is a senior economist with Econ One Research Inc. She specializes in econometric and statistical modelling for analyzing impact and damages in antitrust class action, employment, and international trade cases. She has specific expertise in No-Poach matters having served on the expert teams in several high-profile matters including the High-Tech Employees Antitrust Litigation and Seaman v Duke. Her experience spans industries such as consumer electronics, healthcare, computer software, and oil and gas. Dr. Ahuja is a member of the American Economic Association and the American Bar Association. She holds a Ph.D. in Economics from New York University.

Valarie C. Williams, Partner
Alston & Bird

Valarie Williams concentrates her practice in antitrust litigation, with extensive experience in both prosecuting and defending complex multidistrict antitrust cases for Fortune 100 companies. She focuses on cartel litigation with a multinational dimension. She regularly counsels clients on mergers and acquisitions (including filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and international premerger notification laws) and has assisted clients with investigations by the U.S. Department of Justice and Federal Trade Commission challenging proposed business combinations.
Valarie has been recognized for her antitrust experience by Chambers USA: America’s Leading Lawyers for Business and as a leading lawyer in antitrust law by The Best Lawyers in America©. Valarie has been active in the leadership of the ABA Antitrust Section for over 15 years.


Niyati Ahuja Ph.D.Senior Economist

Econ One Research, Inc.

  • Economic effects of no-poach agreements
    • What makes labor markets different
    • Academic studies of effects of monopsony power
    • Why no-poach agreements are anticompetitive
    • Under what circumstances can there be competitive benefits from no-poach agreements
  • Case study: Duke-UNC Medical Faculty No-Poach


Valarie C. Williams, Partner

Alston & Bird

Legal Framework

  *   DOJ Guidelines
  *   History of enforcement
  *   Relationship to treatment of wage-fixing and non-compete agreements
Recent Developments
  *   DOJ follows through on threats of criminal enforcement
  *   Fast food franchise cases
  *   Biden executive order
Advice for Compliance

  *   Policies, training, and monitoring

Date & Time:

Wednesday, October 20, 2021

1:00 pm to 2:00 pm (ET)

Who Should Attend:

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


Niyati Ahuja Ph.D.Senior Economist
Econ One Research, Inc.
Valarie C. WilliamsPartner
Alston & Bird



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