Client Alert

Protecting Investments in People and IP While Avoiding Criminal Sanctions

Employment Law Commentary, Volume 30, Issue 7

July 2018

A company’s intellectual property and employees are indisputably among its most important assets. Ironically, there is an inner tension between them because they also pose grave threats to each other. This article will examine recent initiatives by the U.S. Department of Justice Antitrust Division to prosecute (including potentially criminally) anti-poaching pacts between companies that improperly limit employee mobility, and also what employers can still lawfully do within the bounds of the regulations of the Antitrust Division and other laws to protect their people investments.

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