Competition for Talent: Limits on Hiring or Wages Risk Criminal Indictments and Jail

Global Competition Review

21 Mar 2022 12:00 p.m. - 01:00 p.m.

In partnership with Global Competition Review (GCR), Morrison & Foerster partners Lisa Phelan and Megan Gerking, and Catherine Chapple, Competition Compliance Counsel at Google, will present “Competition for Talent: Limits on Hiring or Wages Risk Criminal Indictments and Jail,” a webinar that will discuss the issues and challenges raised by the aggressive enforcement trends of the DOJ’s Antitrust Division in the labor market, including criminal prosecution of Sherman Act offenses and no-poach cases as a key Biden administration priority; the webinar will provide in-house counsel with what they need to know to avoid a knock on the door by an FBI agent asking about your company’s hiring practices.

In this session, they will cover:

  • The change in DOJ enforcement policy
  • The conduct that is now being prosecuted criminally – agreements not to solicit or hire employees; agreements on wages or benefits
  • Updates on the six cases indicted so far
  • Court decisions siding with DOJ, despite strong challenges by companies
  • Serious penalties on the line ($100 million corporate fines, 10-year jail terms)
  • Steps companies can take to avoid running afoul of this new enforcement focus


  • Lisa Phelan, Co-chair, Global Antitrust Law Practice Group, Morrison & Foerster
  • Megan Gerking, Partner, Global Antitrust Law Practice Group, Morrison & Foerster
  • Catherine Chapple, Competition Compliance Counsel, Google



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