No poach agreements are verbal or written arrangements typically among employers, franchisors, and franchisees that affirm that neither will poach the other’s employees. These arrangements are surprisingly ubiquitous. Few years ago, the Antitrust Division of the DOJ put these arrangements on its radar screen and commenced both enforcement actions and preparation with the FTC of guidance. Shortly thereafter, some states became interested in these issues, most particularly the attorney general of Washington State. Now, the private bar has initiated a spate of class actions involving industries as diverse as fast food, physicians, and car repair services.
In this practical webinar, you will learn:
- The questions and advice to convey to clients regarding no poach agreements.
- The evolving position of the Antitrust Division regarding whether the per se rule or the rule of reason applies.
- The pending litigation in Washington State where the state AG disagrees with the Antitrust Division of DOJ.
- The status of class action litigation.
- The franchisor-franchisee issues revolving around these agreements.
Upon course completion, you will be able to:
- Advise clients regarding no poach exposure.
- Identify agreements that require revision/reform.
- Effectively negotiate a resolution of these problems.
- Structure franchisor-franchisee agreements to avoid these issues.