A Deep Dive into “No-Poach” Agreements

July 1, 2021
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Today’s episode is a discussion of “no-poach” agreements – agreements between competitors that neither will hire the other’s employees. We’ll discuss the different types of such agreements, their enforceability under antitrust and other laws and the possibility of criminal prosecution arising from their use, and how to protect a business from poaching without running afoul of the law.

John Wright, a member of the firm’s Securities and M&A groups hosts the discussion. Joining John are David Fryman, a Partner in Ballard’s Philadelphia office who represents employers in all types of labor and employment matters, and Jim Mitchell, a Partner in Ballard’s New York office who focuses on criminal and civil litigation in a broad range of areas, including criminal prosecutions under the antitrust laws.

View the recording transcript here.

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