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ARTICLE · 17 MAY 2018

Class Actions Now Flowing From FTC And DOJ's No-Poach Enforcement

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Partner Carl Hittinger and Associate Tyson Herrold authored an article published by The Legal Intelligencer on May 5, 2018.

United StatesEmployment and HR
Tyson Herrold
Tyson Herrold
Carl Hittinger
Carl Hittinger
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In our article last month, we discussed the Federal Trade Commission (FTC) and the Department of Justice's (DOJ) jointly issued guidance to HR professionals warning that naked employee no-poach agreements could be criminally prosecuted.

In our article last month, we discussed the Federal Trade Commission (FTC) and the Department of Justice's (DOJ) jointly issued guidance to HR professionals warning that naked employee no-poach agreements could be criminally prosecuted. In early 2018, assistant attorney general for the DOJ's antitrust division Makan Delrahim expressed his "shock" at "how many of these agreements there are." He also divulged that the DOJ would be unveiling criminal indictments over the next couple of months in appropriate no-poach cases.

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