Partner Carl Hittinger and Associate Tyson Herrold authored an article published by The Legal Intelligencer on March 30, 2018. The article, “DOJ Now Targeting HR Professionals for Criminal Antitrust Violations,” examines the Department of Justice’s (DOJ) ongoing enforcement of certain no-poach employee and wage-fixing cases. Specifically, the article lists DOJ complaints successfully filed against employers and analyzes the difference between naked restraints and ancillary restraints.
Hittinger and Herrold report that Makan Delrahim, assistant attorney general for the antitrust division of the DOJ, has recently announced that no-poach and wage-fixing collusive agreements will remain a top priority at the Trump DOJ and significantly will be prosecuted not only as civil antitrust violations but also as criminal antitrust violations against companies and involved individuals.