A new player: DOJ opines in private "no-poach" litigation

Over the last several weeks, the U.S. Department of Justice (DOJ) submitted notices of intent to file statements of interest in five "no-poach" class actions.

While each case dealt with the same substantive issue – alleged "no-poach" agreements – DOJ recommended different antitrust standards of review apparently based on the facts as alleged in each complaint. These notices of intent should be closely monitored for two reasons. First, these notices provide additional guidance regarding DOJ's position on "no-poach" agreements. Second, litigants should carefully consider how best to leverage DOJ's engagement in these cases to their advantage.

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