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Criminal Prosecutions Over No-Poaching Arrangements Are Coming

by Robert S. Nichols, Daniel E. Hemli and Jacqueline R. Java

Leaders at the U.S. Department of Justice's (DOJ's) antitrust division warn that their attorneys are moving toward criminal charges against companies over agreements among businesses that fix salaries or promise not to poach each other's employees, so HR should prepare. Until recently, this conduct exposed companies only to civil liability.

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