Live Webinar

65-minute live streaming program
  • November 18
  • 1:00 - 2:05 pm EST

No-Poach Agreements, Restrictive Covenants, and the Ancillary Restraints Doctrine

November 18

Understand the types of agreements that may cause a problem and the best practices for avoiding unlawful conduct.

Agreements affecting hiring practices, particularly among competitors, are relatively common, and have been in existence for quite some time. Despite the prevalence of such agreements, however, their legality has frequently come into question. Depending on the facts, certain agreements affecting hiring practices may be deemed reasonable, and, therefore, lawful. On the other hand, there are situations where these same agreements may be deemed unlawful, and in certain circumstances unlawful per se resulting in potential significant consequences under the antitrust laws.

As early as 2016, through the issuance of the Antitrust Guidance for Human Resource Professionals, the antitrust enforcement agencies announced their intention to focus on protecting competition in labor markets, and to criminally prosecute, when determined to be appropriate, parties that engage in such practices. As labor markets continue to tighten, enforcement, including criminal prosecutions of unlawful conduct, has increased. This topic will discuss the types of agreements that may cause a problem, antitrust laws implicated by such agreements, and recent enforcement and protocols and best practices for avoiding unlawful conduct.

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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

How Agreements Impacting Hiring Decisions Implicate the Antitrust Laws
  • Description of Relevant Employment Markets
  • Description of Agreements at Issue Including No-Poach Agreements and Agreements Affecting Compensation
  • Analysis of the Relevant Antitrust Statutes
Review of the Antitrust Guidance for Human Resource Professionals Issued Jointly by the Antitrust Division of the Department of Justice and Federal Trade Commission
Antitrust Enforcement Relating to Employment Practices
  • Agency Enforcement Before Antitrust Guidance for Human Resource Professionals
  • Agency Enforcement Post Antitrust Guidance for Human Resource Professionals
  • Changes in the Agency Enforcement Personnel and Priorities
  • Civil Litigation Addressing Employment Practices
Protocols to Protect Against Adverse Consequences
  • Safeguards for Review and Drafting Related Agreements
  • Protocols for Information Sharing
  • A Look at the Ancillary Restraints Doctrine
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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

  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 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).
     
  • FL CLE 1.5 (Pending)
     
  • This course has been submitted to The Florida Bar for 1.5 hours of CLE credit. Application Pending.
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IA CLE 1.0
     
  • No-Poach Agreements, Restrictive Covenants, and the Ancillary Restraints Doctrine is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.0 hour(s) including hour(s) of unmoderated credit towards the mandatory continuing legal education requirements under the Iowa rule. Please note: you can receive a maximum of 6 hours of unmoderated activities per calendar year.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.1
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.1 hours of Distance Education credit.
     
  • MN CLE 1.0
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.0 hours of credit.
     
  • MO CLE 1.3
     
  • This program has been approved by the Missouri Bar for 1.3 hours of CLE.
     
  • MS CLE 1.1 (Pending)
     
  • This program has been submitted to the Mississippi Commission on Continuing Legal Education. Approval pending.
     
  • NC CLE 1.0 (Pending)
     
  • ND CLE 1.0
     
  • This program has been reviewed by the North Dakota Commission for Continuing Legal Education and approved for 1.0 hours of CLE credit.
     
  • 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 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • NM CLE 1.0
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.25 (Pending)
     
  • This course has been submitted to the Supreme Court of Ohio Commission on Continuing Legal Education for 1.25 CLE hours. Approval pending.
     
  • OR CLE 1.0
     
  • Approved for 1.0 CLE credits in Oregon.
     
  • 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.
     
  • TN CLE 1.08
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.08 hours of credit.
     
  • TX MCLE 1.0
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.0 hours of CLE credit.
     
  • UT CLE 1.0
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.0 CLE hours.
     
  • VA CLE 1.0 (Pending)
     
  • This program has been submitted to the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
     
  • 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 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     

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

Who should attend?

This live webinar is designed for designed for attorneys. Other legal professionals may also benefit from attending.

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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

E. John Steren

E. John Steren

Epstein Becker & Green, P.C.

  • Co-chair of the antitrust service team at the law firm of Epstein Becker & Green, P.C.
  • Counseling and defending clients for over thirty years in antitrust matters including defense of antitrust enforcement actions brought by the Federal Trade Commission and the Antitrust Division of the Department of Justice
  • Broad successful litigation experience with respect to antitrust and other competition related matters including theft of trade secrets and violations of restrictive covenants
  • Contributing author to numerous publications on the topic of antitrust and co-author of the widely circulated blog post Antitrust Byte
  • Frequent lecturer on antitrust related topics
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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: 409419
Published 2021
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