Webinar - Violating Employment AND Antitrust Law: New Developments with Non-Compete Agreements



Date & Time

Start Date: 12/06/2016
Start Time: 11:30 a.m. – 12:30 p.m. ET 10:30 – 11:30 a.m. CT 9:30 – 10:30 a.m. MT 8:30 – 9:30 a.m. PT


Milton Marquis, of the State Attorneys General practice, and Michael Schmidt, vice chair of the Labor & Employment practice, will present a one-hour webinar providing guidance to employers at the intersection of employment and antitrust law. Regulation of unfair competition and anticompetitive practices are not limited to the sale of goods and services. With the rise of “no-poaching” antitrust enforcement scrutiny and growing oversight of non-compete agreements and other restrictive agreements by State Attorneys General, it is critical for employers to understand the risks extending beyond private litigation. As various overlapping government enforcement efforts evolve, there is an increasing threat of civil, and even potentially criminal, ramifications for certain workplace practices that can be interpreted, both formally and informally, as fixing wages or other terms of employment. Both federal and state-level government officials, including State Attorneys General, the Department of Justice (DOJ), the Federal Trade Commission (FTC), and the White House have recently issued guidance highly applicable to any business that hires employees or shares information pertaining to employment. Either through enforcement activity or the bully pulpit, they are demonstrating a more stringent approach to overseeing employer actions that are, or even perceived to be, limiting employee mobility. This webinar will examine recent cases, guidance, and rule-making that have emerged in this relatively uncharted and complex area of liability. 

Our speakers will cover and discuss:

  • What considerations, both implicit and explicit, companies must incorporate into their hiring, compensation, and information exchange practices to comply with the recently released FTC and DOJ joint Antitrust Guidance for Human Resources Professionals
  • How companies can mitigate risk by implementing a multifaceted approach that takes into account the priorities of various regulators with authority over antitrust and employment.

CLE credit is approved in PA and through reciprocity in NY and NJ.
CLE is pending in any additional requested states.



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Milton A. Marquis



(202) 471-3417

Michael C. Schmidt

Vice Chair, Labor & Employment Department


(212) 453-3937

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