ARTICLE
2 July 2021

A Deep Dive Into "No-Poach" Agreements (Podcast)

BS
Ballard Spahr LLP

Contributor

Ballard Spahr LLP—an Am Law 100 law firm with more than 750 lawyers in 18 U.S. offices—serves clients across industries in litigation, transactions, and regulatory compliance. A strategic legal partner to clients, Ballard goes beyond to deliver actionable, forward-thinking counsel and advocacy powered by deep industry experience and an understanding of each client’s specific business goals. Our culture is defined by an entrepreneurial spirit, collaborative environment, and top-down focus on service, efficiency, and results.
The latest episode of Business Better is a discussion of "no-poach" agreements – agreements between competitors that neither will hire the other's employees.
United States Employment and HR

The latest episode of Business Better is a discussion of "no-poach" agreements - agreements between competitors that neither will hire the other's employees. We'll discuss the different types of such agreements, their enforceability under antitrust and other laws and the possibility of criminal prosecution arising from their use, and how to protect a business from poaching without running afoul of the law.

John Wright, a member of the firm's Securities and M&A groups hosts the discussion. Joining John are David Fryman, a Partner in Ballard's Philadelphia office who represents employers in all types of labor and employment matters, and Jim Mitchell, a Partner in Ballard's New York office who focuses on criminal and civil litigation in a broad range of areas, including criminal prosecutions under the antitrust laws.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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