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OnDemand Course

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

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.

65 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 37 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 37 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

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on November 18, 2021.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • 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.
     
  • 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.
     
  • OR CLE 1.0
     
  • Approved for 1.0 CLE credits in Oregon.
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

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Why Lorman?

Over 37 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 37 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.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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Product ID: 409419
Published 2021
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