Daniel Green Quoted in “What to Make About the Justice Department’s Most Recent ‘No-Poach’ Settlement”

Corporate Counsel

Daniel J. Green, Associate of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in Corporate Counsel, in “What to Make About the Justice Department's Most Recent 'No-Poach' Settlement,” by Erin Mulvaney.

Following is an excerpt:

Management-side lawyers and antitrust specialists are parsing a recent U.S. Justice Department settlement targeting a “no poach” deal that restricted employee recruitment between two companies, one new sign the Trump administration isn’t shying from enforcement in this area.

The Justice Department in April settled a complaint against rail equipment suppliers Knorr-Bremse AG and Westinghouse Air Brake Technologies Corp. In the lawsuit, the government had alleged the companies unlawfully agreed for years not to compete for the other’s employees. …

Although the allegations concern agreements between high-level corporate officials, employers should take steps to ensure all managers, recruiters and human resources professionals comply with antitrust laws, Daniel Green, an associate at Epstein Becker & Green in New York said in a recent blog post.

“For example, seemingly innocuous activities like discussing employee salary and benefits at industry conferences can constitute an unlawful information exchange,” Green wrote. “Employers will be well served to take additional steps to audit their business practices and communications with competitors throughout the organization in order to detect, and mitigate any legal risk associated with potentially unlawful agreements with competitors.”

Related reading:

Trade Secrets & Employee Mobility, “DOJ Antitrust Division Follows Through on Warnings Regarding Antitrust Scrutiny of Employer Non-Solicitation Agreements,” by Daniel J. Green.