No-Poach Litigation

Overview

With deep expertise analyzing data and testifying about both Antitrust and Labor and Employment issues, Edgeworth experts are uniquely positioned to provide accurate and compelling analyses in litigation involving assessments of labor markets, such as no-solicit, no-hire, no-poach, and non-compete arrangements.

We draw on unparalleled experience analyzing compensation and hiring through firm-level labor and employment data, including applicant tracking data, human resources data covering job history, performance, and other aspects of employment experience, as well as external labor market data sources.

Our experts leverage this experience to empirically analyze whether patterns of data are consistent or inconsistent with constrained movement between firms as well as alleged outcomes such as suppressed wages and restricted occupational and geographic movement of employees.

Case Highlights

Case Highlights

Insights & News

Publications

  • The Evolution of DOJ’s Views on No-Poach Litigation
    Published Article, ABA Antitrust Magazine | 09.13.2022

    In this article, Edgeworth CEO Dr. John Johnson and Edgeworth President Chuck Fields, along with Kirkland & Ellis Partner James H. Mutchnik, map the DOJ’s evolving position over time and discuss both the legal and economic reasons why it is improper to presume that all such agreements should be treated under a per se standard as de facto market allocation.

  • Primer on Wage Analyses for Antitrust Attorneys: Part 1
    Law360 | 05.23.2018

    In anticipation of future civil class actions related to no-poach and wage-fixing agreements, Edgeworth Partners Dr. Stephen Bronars and Dr. Deborah Foster have published a two-part primer in Law360 on wage analyses that are frequently used in employment discrimination cases and will become increasingly relevant as labor issues cross over into the antitrust arena.

  • Primer on Wage Analyses for Antitrust Attorneys: Part 2
    Law360 | 05.23.2018

    In anticipation of future civil class actions related to no-poach and wage-fixing agreements, Edgeworth Partners Dr. Stephen Bronars and Dr. Deborah Foster have published a two-part primer in Law360 on wage analyses that are frequently used in employment discrimination cases and will become increasingly relevant as labor issues cross over into the antitrust arena.

Speaking Engagements

Practice Contacts

Experts

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