By Gerald L. Maatman, Timothy F. Haley, and Ashley K. Laken

Seyfarth Synopsis: There are currently pending at least four class actions claiming that provisions contained in franchise agreements prohibiting the hiring of employees of other intrabrand franchisees without the consent of their employer violate the antitrust laws.  That being said, in 1993 the Ninth Circuit affirmed summary
Continue Reading Franchise “No-Hire” Agreement Class Actions And The Single Enterprise Defense

By Ashley K. Laken and Timothy F. Haley

Seyfarth Synopsis: On February 1, 2018, the U.S. District Court for the Middle District of North Carolina entered an order granting in part, and denying in part, the plaintiff’s motion for class certification in a no-hire antitrust case entitled Seaman v. Duke University, 1:15-CV-462, at 1-2 (M.D.N.C. Feb. 1, 2018)
Continue Reading Court Certifies Class In Duke-UNC No-Hire Workplace Antitrust Lawsuit

By Timothy F. Haley and Ashley K. Laken

Seyfarth Synopsis: Criminal prosecution of “no-poaching/no-hire” agreements appears imminent.  Employers should investigate their hiring and compensation practices to ensure compliance with recent antitrust pronouncements.

Background

In October 2016, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) under the Obama Administration issued a joint Antitrust Guidance for Human Resource
Continue Reading DOJ To Announce Criminal Enforcement Actions For “No-Poach” Agreements