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Live Webinar

60-minute live streaming program
  • April 19
  • 1:00 - 2:00 pm EST

Antitrust Compliance for HR Professionals

April 19

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.

Learning Objectives

  • You will be able to identify situations that may run afoul of the DOJ guidance to HR professionals involving no-poach and wage-fixing agreements.
  • You will be able to recognize naked no-poach agreements and potentially procompetitive ancillary no-poach agreements and know when to seek further legal advice.
  • You will be able to discuss recent DOJ enforcement actions in the labor and employment space.
  • You will be able to explain the DOJ guidance to HR professionals and how it impacts your business.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

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
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Live Webinar Registration

  • AL CLE 1.0
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.0
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
     
  • NH MCLE 1.0
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 60 Minutes.
     
  • NJ CLE 1.2
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hours of total CLE credit.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VT CLE 1.0
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit.
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.0
     
  • This program has been approved by the Board of Bar Examiners for 1.0 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.2
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours.
     
  • HR Certification Institute 1.0
     
  • This program has been approved for 1.0 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.0
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is designed for human resource managers, personnel managers, employee relations managers, recruiters, presidents, vice presidents, business owners and managers, supervisors, payroll professionals, and attorneys.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Jessica R. Watters

Jessica R. Watters

Skadden, Arps, Slate, Meagher & Flom LLP

  • Associate in the antitrust/competition group at Skadden, Arps, Slate, Meagher & Flom LLP
  • Assisted in the representation of several global corporations in industries ranging from high tech markets to telecommunications, financial, and energy markets, in both litigation and transactional matters
  • Admitted to practice in Washington, D.C.
  • J.D. degree, Georgetown University Law Center; B.A. degree, George Washington University
Julia K. York

Julia K. York

Skadden, Arps, Slate, Meagher & Flom LLP

  • Partner in the antitrust/competition group at Skadden, Arps, Slate, Meagher & Flom LLP
  • Represented numerous global corporations in various industries, including pharmaceuticals, telecommunications, metals warehousing, energy, and financial markets, in both litigation and transactional matters
  • Counsels clients on various antitrust matters and has participated on panels discussing antitrust issues relevant to the pharmaceutical industry; actively works on pro bono matters, including representing various amici curiae on briefs submitted to the U.S. Supreme Court and various U.S. Circuit Courts of Appeal; been named in The Legal 500 U.S.
  • Prior to joining Skadden, counseled clients from diverse industries in connection with DOJ and FTC investigations into mergers and acquisitions and in international arbitration matters
  • Admitted to practice in both Illinois and the District of Columbia
  • J.D. degree, Columbia University School of Law, Harlan Fiske Stone Scholar; B.A. degree, Amherst College
  • Can be contacted at 202-371-7146 or [email protected]
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 408806
Published 2021
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