Details
After years of foreshadowing, the DOJ’s Antitrust Division made true on its promise to criminally prosecute “no-poach” agreements, announcing the agency’s first criminal indictment in January 2021, on the heels of its first criminal indictment for wage-fixing agreements in December 2020. While it took several years for the DOJ to bring its first criminal charges, the new administration and new acting FTC chairwoman, promise continued enforcement in the coming years.
During this webinar, we will discuss how companies can best protect themselves from both criminal and civil antitrust liability in the current landscape, with a focus on recent enforcement trends and key issues that companies should consider as they evaluate no-poach and other employment agreements, including:
- Review of the current enforcement landscape, including under the Biden administration and new leadership at the antitrust agencies
- Key takeaways based on DOJ’s recent criminal indictments
- Issue-spotting for companies in current employment agreements
- Best practices for drafting non-competes and other employment agreements
- Benefits of developing an antitrust compliance policy
Speakers
Dee Bansal
Partner
Cooley LLP
Dee Bansal's practice focuses on defending clients in high-stakes antitrust litigation, including complex class actions, and in investigations brought by the Department of Justice, the Federal Trade Commission and State AGs related to claims of monopolization, restraint of trade and unfair and deceptive practices. She also defends corporate clients in connection with mergers and acquisitions and provides antitrust counseling. Dee has been selected as ‘Rising Star in Antitrust Litigation’ in Washington, DC by Super Lawyers (2017–2020) and ‘Ones to Watch for Antitrust Law and Commercial Litigation’ by Best Lawyers (2021).
Jacqueline Grise
Partner
Cooley LLP
Jacqueline Grise is the chair of Cooley’s antitrust and competition practice group. Jackie’s practice focuses on the defence of corporate clients in connection with domestic and international mergers and acquisitions, as well as antitrust counselling and other non-merger matters. She regularly represents clients before the Federal Trade Commission, the Department of Justice and foreign antitrust enforcement agencies. Ms Grise has extensive experience counselling clients through the Hart–Scott–Rodino Act merger review process, including advocating before the agencies, responding to second requests and coordinating antitrust defense strategies in countries around the world. Her clients span a broad range of industries, including an array of high-tech industries; digital health and e-health; healthcare and pharmaceuticals; consumer and food products; computer and data storage; music recording and publishing; book and magazine publishing; industrial equipment; automotive parts; retail, including internet sales and distribution; and aerospace and defense.
Beatriz Mejia
Partner
Cooley LLP
Beatriz Mejia's practice focuses on complex business disputes and general business litigation. In recent years, Beatriz’s practice has focused on international cartel investigations and related litigation. Her experience includes representing both corporations and individuals in government investigations brought by antitrust authorities around the world, including the US, Europe, Korea and Japan, and in litigation brought in multi-district and related class actions. Beatriz also has represented clients in antitrust litigation involving a range of federal and state antitrust claims, including monopolization claims. She currently serves as Northern California head of Cooley's business litigation practice.
Julia Brinton
Associate
Cooley LLP
Julia Brinton is an associate in Cooley’s antitrust and competition practice and advises clients on antitrust issues, including mergers and acquisitions, compliance with the Hart-Scott-Rodino Act and antitrust counselling. She has experience in matters before the US Department of Justice and the Federal Trade Commission. Julia has worked with clients in several industries, including consumer goods, computer hardware and software, pharmaceuticals and medical devices, telecommunications and aviation.
