Tag Archives: No-Poach Agreements

Decision Benefits Franchise Businesses and Finds Alston Bars Challenge to No-Poach Agreements

By BakerHostetler, Nicholas Rose and Tyson Herrold on July 25, 2022 Posted in Antitrust Litigation

In June 2021, the Supreme Court reaffirmed in NCAA v. Alston that antitrust claims under Section 1 of the Sherman Act “presumptively” call for rule-of-reason analysis and that only the rare case merits “quick look” or per se treatment. __ U.S. __, 141 S.Ct. 2141, 2151 (2021). Recently, in Deslandes v. McDonald’s USA, LLC, Judge Jorge … Continue Reading

Franchise No-Poach Agreements: Is Reform on The Horizon?

By Jeffrey Martino and Tyson Herrold on January 6, 2021 Posted in DOJ

In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued Joint Guidance for Human Resource Professionals warning that no-poach agreements restricting employee hiring may violate the antitrust laws.[1] That guidance, along with pre-guidance litigation, has established some clear ground rules. Naked no-poach agreements are per se illegal under §1 of the … Continue Reading