June 20, 2017 - The article, "The Stakes Are High For Those Caught In No-Poach Probes," by Elizabeth Prewitt, Brittany Cohen and Dina Hoffer was published in Law360.

On Friday, June 16, 2017, the Financial Times reported that the U.S. Department of Justice is examining whether Barclays breached antitrust laws by agreeing not to hire JPMorgan Chase employees.

The stakes are higher than ever for those caught up in such probes, since the Justice Department announced in October 2016 its intention to proceed criminally against parties to “naked wage-fixing and no-poaching agreements,” thus departing from its earlier practice of only pursuing this conduct civilly. This significant shift in enforcement policy represents an Obama administration initiative, however, and it remains to be seen whether and how the DOJ will implement this change under the Trump administration.

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