In “DOJ Action Is A Cautionary Tale On Employer No-Poach Pacts,” Eric Walz and Adam Shafran provide their expert analysis and highlight a significant consequence of the DOJ’s recent indictment of a company for utilizing a no-poach agreement to restrict movement of top level employees (United States of America v. Surgical Care Affiliates, LLC and SCAI Holdings, LLC). When viewed alongside other recent legislative developments, such as the Criminal Antitrust Anti-Retaliation Act (CAARA), the indictment provides employers, franchises, and others with good reason to review their current employment practices, policies and procedures.
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