January 12, 2021

On January 7, 2021, the Department of Justice (DOJ) announced its first criminal prosecution against a company for agreeing with other companies not to poach each other’s employees. In October 2016, the DOJ announced a change in policy from treating naked no-poach agreements as civil offenses and its intention to instead investigate these “no-poach” agreements as criminal offenses. DOJ has repeatedly reaffirmed its intention in the intervening years. Thursday’s indictment, however, is the first prosecution of its kind.

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