Carl Hittinger Comments on Increasing Number of Class Actions Filed over "No Poach" Agreements

News / August 29, 2018

Partner Carl Hittinger talked to Bloomberg’s Antitrust & Trade Regulation Daily newsletter for an article that was published on Aug. 28, 2018. The article, “Knorr-Bremse, Wabtec ‘No-Poach’ Case Triggers Wave of Class Suits,” discusses class actions filed after Knorr-Bremse AG and Wabtec Railway Electronics, Inc., settled Justice Department allegations that they illegally agreed not to hire each other’s employees. The class actions are among a wave of recent lawsuits that target “no-poach” agreements on antitrust grounds.

Hittinger told the publication that whether no-poach agreements are per-se illegal (as the DOJ and some plaintiffs are expounding) is still an open question and uphill fight, “Until it’s sorted out by the courts, it’s just a trend, not the law.”

Read the article (registration required).