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Kevin B. Goldstein
Partner | Winston & Strawn LLP
Renee E. Turner
Associate | Fried, Frank, Harris, Shriver & Jacobson LLP

Unpacking Antitrust No-Poach Agreements: Navigating Legal and Economic Dimensions in Depth | On-Demand Webinar

Broadcast Date: Friday, October 27, 2023 | 1:00 PM – 2:00 PM ET

In the ever-evolving intersection of antitrust laws and labor markets, “No-Poach Agreements” have emerged as a complex and contentious issue. These agreements, which involve companies agreeing not to hire each other’s employees, have attracted considerable attention from legal, economic, and business perspectives.

No-poach agreements, innocuous at first glance, have profound implications on competition, wages, and labor market dynamics. Their legal status and economic impact have sparked debates and enforcement actions. Antitrust regulations, historically applied to price-fixing and market allocation, now extend their reach to scrutinize these labor market practices.

Join antitrust litigators Kevin B. Goldstein (Winston & Strawn LLP) and Renee E. Turner (Fried, Frank, Harris, Shriver & Jacobson LLP) as they provide a comprehensive discussion and dissect the intricacies surrounding no-poach agreements, delving deep into their legal implications, economic ramifications, and practical considerations. Speakers, among other things, will offer practical tips and strategies for understanding of the complexities surrounding no-poach agreements and the consequences of running afoul of antitrust laws.

Key Topics:

  • Understanding No-Poach, Non-Solicit, Non-Compete, and Other Agreements Restricting Labor
  • Perspective of U.S. Antitrust Enforcers on No-Poach Agreements
  • Global Trend Towards Increased Antitrust Scrutiny of Labor Markets
  • Recent Developments in Criminal Enforcement Against No-Poach Agreements
  • Recent Developments in Civil Litigation, Including Class Certification and Arbitrability Challenges for No-Poach Claims
  • Best Practices for Minimizing Antitrust Risk
    • Understanding When Labor Restrictions Can Be Permissible and How to Draft Agreements to Minimize Risk
    • Managing HR and Business Teams to Avoid Unintentional Risk
    • What to Do If You Discover a Possible No-Poach Violation

Agenda:

Kevin B. Goldstein, Partner
Winston & Strawn LLP
&
Renee E. Turner, Associate
Fried, Frank, Harris, Shriver & Jacobson LLP

  • Understanding No-Poach, Non-Solicit, Non-Compete, and Other Agreements Restricting Labor
  • Perspective of U.S. Antitrust Enforcers on No-Poach Agreements
  • Global Trend Towards Increased Antitrust Scrutiny of Labor Markets
  • Recent Developments in Criminal Enforcement Against No-Poach Agreements
  • Recent Developments in Civil Litigation, Including Class Certification and Arbitrability Challenges for No-Poach Claims
  • Best Practices for Minimizing Antitrust Risk
    • Understanding When Labor Restrictions Can Be Permissible and How to Draft Agreements to Minimize Risk
    • Managing HR and Business Teams to Avoid Unintentional Risk
    • What to Do If You Discover a Possible No-Poach Violation

Who Should Attend:

  • Antitrust Lawyers
  • Labor & Employment Lawyers
  • HR Professionals
  • Business Owners/Employers
  • Compliance Officers
  • General/In-House Counsel

Register for this course by clicking the “Take this Course” at the top of the page.

CLE Credit:

Course Level: Intermediate | Advance Preparation: Print and review course materials

Method of Presentation: On-Demand Webinar | Prerequisite: General knowledge of antitrust laws

Course Code: 149890 | Total Credits: 1.0 CLE

 

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    • Join the Webinar – Follow the instructions in the email to access the live broadcast at the scheduled time.
    • Note the Secret Words – During the webinar, secret words will be announced periodically. Please write them down.
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    • Print Your Certificate – Upon completing the quiz, you will be able to print your Certificate of Attendance, which includes instructions on how to obtain CLE, CPE, or other applicable credits for the course.
    • On-Demand Access – The on-demand version of this course will be available 24-48 hours after the live webinar. If you miss the live presentation or need to review the content, you will have access to the on-demand version as an enrolled student. To access on-demand content, click the lesson and follow the instructions.
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