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Sponsored by Lorman Education
Product ID: 408806EAU
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Antitrust Compliance for HR Professionals

OnDemand Webinar (59 minutes)

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.


Jessica R. Watters, Skadden, Arps, Slate, Meagher & Flom LLP Julia K. York, Skadden, Arps, Slate, Meagher & Flom LLP


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