Gain the tools needed to identify potentially anticompetitive no-poach agreements or wage-fixing agreements.
Many HR professionals must monitor their employer's compliance with labor laws but may not be aware of or familiar with the antitrust implications of no-poach and wage-fixing agreements. Such agreements can take many forms in practice, and HR professionals need to be able to identify these kinds of agreements and understand their context and potential impact. The 2016 Guidance for Human Resource Professionals, issued jointly by the United States Department of Justice (DOJ) and the Federal Trade Commission (FTC), indicates that so-called 'naked' agreements between companies competing for the same types of employees - including agreements not to hire one another's employees or agreements to fix wages - may be prosecuted criminally. Indeed, the DOJ recently issued its first no-poach criminal indictments since the guidance was released in 2016. This information will provide HR professionals with a greater understanding of the DOJ/FTC Guidance to Human Resource Professionals and will have the tools to identify potentially anticompetitive no-poach agreements or wage-fixing agreements should they arise in their respective businesses.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
No-Poach Refresher - 2016 Guidance to HR Professionals
- Labor-Related Conduct Subject to Antitrust Scrutiny
- Policy Change Regarding Naked Agreements
- Agreements Subject to Rule of Reason
Recent No-Poach Enforcement Activity
- DOJ Indictments
- Activity by State Attorneys General
- Follow-on Private Litigation
Minimizing the Risk of Criminal Exposure
- Avoiding Risky Behavior
- Ensure Employees Understand Scope of Prohibition
- Best Practices
Minimizing the Risk of Civil Liability
- DOJ Recent Civil Enforcement
- DOJ Statements of Interest
Best Practices
- Document the Benefits
- Limit the Scope
- Methods of Monitoring
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More Program Information
Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on April 19, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Jessica R. Watters
Skadden, Arps, Slate, Meagher & Flom LLP
- Associate in the antitrust/competition group at Skadden, Arps, Slate, Meagher & Flom LLP
- Assisted in the representation of several global corporations in industries ranging from high tech markets to telecommunications, financial, and energy markets, in both litigation and transactional matters
- Admitted to practice in Washington, D.C.
- J.D. degree, Georgetown University Law Center; B.A. degree, George Washington University
Julia K. York
Skadden, Arps, Slate, Meagher & Flom LLP
- Partner in the antitrust/competition group at Skadden, Arps, Slate, Meagher & Flom LLP
- Represented numerous global corporations in various industries, including pharmaceuticals, telecommunications, metals warehousing, energy, and financial markets, in both litigation and transactional matters
- Counsels clients on various antitrust matters and has participated on panels discussing antitrust issues relevant to the pharmaceutical industry; actively works on pro bono matters, including representing various amici curiae on briefs submitted to the U.S. Supreme Court and various U.S. Circuit Courts of Appeal; been named in The Legal 500 U.S.
- Prior to joining Skadden, counseled clients from diverse industries in connection with DOJ and FTC investigations into mergers and acquisitions and in international arbitration matters
- Admitted to practice in both Illinois and the District of Columbia
- J.D. degree, Columbia University School of Law, Harlan Fiske Stone Scholar; B.A. degree, Amherst College
- Can be contacted at 202-371-7146 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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