Are DOJ’s No-Poach Prosecutions Getting Poached?
May 10, 2023 | The Insider: White Collar Defense and Securities Enforcement
DOJ’s Antitrust Division repeatedly has struck out when attempting to prosecute employers who agree to refrain from hiring each other’s employees or suppress employee wages - batting zero for four at trials for such agreements among employers. In the latest of DOJs so-called no-poach cases, United States v. Patel, the court acquitted all six defendants. Although it boldly has asserted that setbacks will not cause it to become a member of the “chickenshit club,” this latest black eye may require DOJ to rethink its approach to such prosecutions. This article delves into the recent ruling in Patel that effectively raises the bar for the government’s standard of proof and how that decision may be the final blow to no-poach prosecutions.
