Evolving No-Poach Landscape Requires A Vigilant Eye

Bob Buchanan and Stefano Sharma addressed a hot topic in antitrust law. Their article, “Evolving No-Poach Landscape Requires A Vigilant Eye,” was published in Law360 on September 11, 2019. It examines the current antitrust landscape for no-poach agreements, and sets forth practical takeaways for in-house attorneys.

From the article:

“Naked no-poach agreements are per se illegal and can potentially result in jail time. By contrast, no-poach agreements can be one of the tools used to help make sure a legitimate transaction or collaboration (e.g., a merger, a joint venture or the settlement of a lawsuit) achieves its purpose. In those situations, the no-poach clause should be (1) ancillary, (2) narrowly tailored, (3) specific, and (4) limited in geography and duration.”

Click here to read the full version of the article.