Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 27 APRIL 2022

DOJ Antitrust Division Suffers Back-to-Back Trial Defeats In Wage Fixing And "No Poach" Cases

Seyfarth Shaw LLP
Explore more from Seyfarth Shaw LLP

Last week, the United States Department of Justice ("DOJ") Antitrust Division suffered back-to-back trial defeats in its recent enforcement initiative to use the Sherman Act to stop employers from using allegedly anticompetitive tactics to suppress wages and employee mobility

United StatesAntitrust/Competition Law
Jonathan A. Braunstein
Jonathan A. Braunstein
Author LinkedIn connections

Last week, the United States Department of Justice ("DOJ") Antitrust Division suffered back-to-back trial defeats in its recent enforcement initiative to use the Sherman Act to stop employers from using allegedly anticompetitive tactics to suppress wages and employee mobility.  In the first case, the DOJ's first ever criminal wage-fixing prosecution ended with not guilty verdicts. In the second case, a national healthcare provider and its former CEO were acquitted on charges involving allegedly illegal "no-poach" agreements.

On Thursday, April 14, 2022, in United States v. Jindal, a Texas federal jury handed a near total loss to the DOJ, finding the former owner and the former clinical director of a physical therapist staffing company not guilty of orchestrating a wage-fixing scheme. The DOJ had alleged in the indictment, filed in December 2020, that the defendants conspired with competing companies providing in-home physical therapy services to suppress the wages

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Right To Repair Alert: Deere & Company Reaches Settlement With FTC, States

The Federal Trade Commission and five State Attorneys General have reached a landmark settlement with Deere & Company in a year-and-a-half antitrust litigation over the agricultural equipment manufacturer's restrictions on repair resources. The stipulated order, if approved, will require Deere to provide farmers and independent repair providers with the same repair tools and technical resources available to authorized dealers for a period of ten years.
United StatesAntitrust/Competition Law
Axinn LLP
Axinn LLP
Article

New York-Presbyterian Hospital Ruling Signals Widening Antitrust Exposure For Hospital Contracting Practices

A federal court ruling against New York Presbyterian Hospital validates DOJ theories that market power can be proven through supracompetitive pricing rather than market share alone, and that exclusionary conduct is not required for antitrust claims. This decision expands potential antitrust exposure for hospital systems employing restrictive contracting practices like all-products provisions, anti-tiering terms, and gag clauses...
United StatesAntitrust/Competition Law
Crowell & Moring LLP
Crowell & Moring LLP
Article

Life Sciences Antitrust Quarterly Update Q3 2026

This quarterly update examines key antitrust developments in life sciences during Q3 2026, including the FTC's investigation of Boston Scientific's $14.5 billion Penumbra acquisition, the DOJ's record $250 million HSR penalty against KKR, and European regulatory actions involving Sanofi and Align Technology. The analysis also explores the UK's pro-innovation approach to healthcare AI regulation and its implications for the medical device industry.
GlobalAntitrust/Competition Law
Goodwin Procter LLP
Goodwin Procter LLP
Article

A New Price Tag On OPT? DHS Proposes Unprecedented Fees For F-1 Practical Training

The Department of Homeland Security has proposed imposing fees of $70,000 for initial OPT recommendations and $30,000 for second-year extensions on educational institutions, potentially reshaping how international students, universities, and employers participate in the Optional Practical Training program. While framed as a fraud prevention measure, the proposal raises critical questions about workforce access, cost allocation...
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

California Contractors Get A Much-Needed Break: SB 342 Softens The Harsh Consequences Of Contractor License Lapses

Imagine completing a multimillion-dollar project, performing quality work, paying your subcontractors, and satisfying the owner, only to discover that a temporary contractor license lapse could prevent you from recovering payment for that work or pursuing claims for extra work. For decades, that was the reality under California Business and Professions Code section 7031.
United StatesReal Estate and Construction
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

DHS Allows Salvadoran TPS Beneficiaries To Work And Remain, For Now

The Department of Homeland Security has confirmed that Salvadoran Temporary Protected Status beneficiaries remain protected despite the September 9, 2026 expiration date, though no formal announcement has been made regarding the program's future. This development raises critical questions about employer obligations and the potential scenarios that may unfold, including termination with a 60-day notice period or an extension of the designation.
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

More Than A Download: Using USCIS’s E-Verify Records Disposal Deadline As A Compliance Checkup

U.S. Citizenship and Immigration Services is permanently disposing of E-Verify records last updated before December 31, 2016, giving employers until January 8, 2027, to download critical compliance documentation. Companies must act now to preserve historical case data needed for audits, government investigations, and Form I-9 system transitions while ensuring their E-Verify account information remains current and accurate.
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP