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DOJ Fails Again in a No-Poach Prosecution
A Ruling and Order issued on April 28, 2023 by the US District Court for the District of Connecticut in United States v. Patel, et al. ran the government’s losing streak to four failed trials seeking to criminally prosecute alleged wage-fixing and no-poach agreements.
To review, in 2016 the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued Antitrust Guidance for Human Resources Professionals that warned of potential criminal prosecutions for so-called “naked” no-poach agreements, ie , agreements among competing businesses to restrict hiring or compensation of employees, untethered to any legitimate collaborative relationship.
Since 2020, the DOJ…