AHLA - No-Poaching and Non-Competes: What General Counsel and Human Resource Professionals Need to Know About Antitrust and Employment Issues

Healthcare and other industries have seen an increased focus on so-called "no-poach" agreements, along with other agreements that are alleged to limit or fix wages or other terms of employment. The DOJ and FTC have published guidance and are bringing cases against alleged no-poach agreements, with the DOJ stating their intent to bring criminal prosecutions in the future. State AGs, too, are becoming active and a coalition of states are currently investigating alleged no-poach agreements in the restaurant industry. Private plaintiffs are also taking action with a court recently certifying a class in a case alleging a no-poach agreement affected the medical staff of two academic medical systems. 

Before the current focus on no-poach agreements, antitrust and employment issues were a concern. Physicians and other health care workers are very familiar with restrictive covenants like non-competition agreements, but have found that many states no longer enforce them. Currently legislation is pending in Congress that aims to fundamentally change the application of antitrust law to employment issues. 

How do employers (and employees) find the antitrust line between lawful and unlawful restrictive covenants affecting employment? Will the DOJ go after healthcare providers and others in the healthcare industry on a criminal basis? What are some best practices and practical advice to avoid antitrust risks in employee and HR matters? 

On this webinar, a panel of government, private-practice, and in-house practitioners will discuss the current state of the enforcement landscape, help answer these questions, and provide practical guidance.

Partner Alexis Gilman will participate as a panelist.