Skip to main content
  • Personal
  • Business
  • Foundation
    Close
    • Global
    • India
    • MENA
  • mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
SHRM
  • Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Tiers
      • Professional
      • Student
      • Global
      • Executive
      • Enterprise
      Membership Benefits
  • Certification
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Fees & Options
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me?
      • Recertification
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      Qualifications

      Gain a deeper understanding and develop critical skills.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

  • Events & Education
    • Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • SHRM26 Annual Conference
      • BLUEPRINT 2025
      • Talent Conference & Expo
      • Linkage Institute
      • The AI+HI Project 2026
      State Conferences

      Attend a SHRM state event to network with other HR professionals and learn more about the future of work.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

      Webinars
  • Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • Flagships
      • HR Research
      • Legal & Compliance
      • Latest News & Trends
      • Tools & Guides
      • Webinars
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

  • Community
    • Find a SHRM Chapter

      Easily find a local professional or student chapter in your area.

      • SHRM Northern California
      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      Volunteers

      Learn about volunteer opportunities with SHRM.

  • Shop
    • SHRM Store

      Shop for HR certifications, credentials, learning, events, merchandise and more.

      Workplace Essentials
      • SHRM Memberships
      • SHRM Certification
      • Specialty Credentials
      • HR Tools & Tech
      Education
      • Seminars
      • eLearning
      • Books
      Merchandise
      • Accessories
      • Apparel
      • Office & Home
Become a Member
Renew
Rejoin Now
Renew
Close
  • Personal
  • Business
  • Foundation
  • Membership
    back
    Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Tiers
      • Professional
      • Student
      • Global
      • Executive
      • Enterprise
      Membership Benefits
  • Certification
    back
    Certification
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Fees & Options
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me?
      • Recertification
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      Qualifications

      Gain a deeper understanding and develop critical skills.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

  • Events & Education
    back
    Events & Education
    • Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • SHRM26 Annual Conference
      • BLUEPRINT 2025
      • Talent Conference & Expo
      • Linkage Institute
      • The AI+HI Project 2026
      State Conferences

      Attend a SHRM state event to network with other HR professionals and learn more about the future of work.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

      Webinars
  • Resources
    back
    Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • Flagships
      • HR Research
      • Legal & Compliance
      • Latest News & Trends
      • Tools & Guides
      • Webinars
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

  • Community
    back
    Community
    • Find a SHRM Chapter

      Easily find a local professional or student chapter in your area.

      • SHRM Northern California
      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      Volunteers

      Learn about volunteer opportunities with SHRM.

  • Shop
    back
    Shop
    • SHRM Store

      Shop for HR certifications, credentials, learning, events, merchandise and more.

      Workplace Essentials
      • SHRM Memberships
      • SHRM Certification
      • Specialty Credentials
      • HR Tools & Tech
      Education
      • Seminars
      • eLearning
      • Books
      Merchandise
      • Accessories
      • Apparel
      • Office & Home
Become a Member
Renew
Rejoin Now
Renew
    • Global
    • India
    • MENA
SHRM
mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
Close

  1. Topics & Tools
  2. Employment Law & Compliance
  3. Justice Department Loses No-Poaching Case
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
News

Justice Department Loses No-Poaching Case

April 21, 2022 | Allen Smith, J.D.

The department of justice building in washington, dc.


​The U.S. Department of Justice (DOJ) has been going after employers with so-called no-poach agreements but lost a recent high-profile case against DaVita Inc. involving a claim of such an agreement. 

"Many of us in the defense bar have questioned the wisdom of the Antitrust Division's fixation on so-called labor market cases and resource expenditures to try to find and bring criminal no-poach cases," said Ann O'Brien, an attorney with BakerHostetler in Washington, D.C., and Philadelphia and a former assistant chief of the Competition & Advocacy Section and special counsel for Criminal Policy at the DOJ.

"What we are seeing in these trial defeats for the Antitrust Division is the culmination of a yearslong effort to find 'labor market cases' and push the boundaries of Section 1 of the Sherman Act to criminalize conduct that has never before been treated as per se criminal conduct. Juries have spoken, as have judges in their jury instructions, and they do not agree," she said.

We've gathered articles on the news from SHRM Online and other media outlets.

Company and CEO Found Not Guilty

A jury found DaVita not guilty of claims that it violated federal antitrust law by engaging in "no-poach" agreements with competitors—a blow for regulators seeking to boost enforcement of anti-competitive hiring practices. The company's former CEO, Kent Thiry, also was found not guilty of the same charges by a jury in the criminal trial in the U.S. District Court for the District of Colorado.

(Bloomberg)

High-Stakes Case

The case was considered a high-stakes test of the government's ability to criminally prosecute entities for entering into agreements not to solicit another company's employees. DaVita faced a maximum penalty of a $100 million fine per count. Thiry faced a maximum penalty of 10 years in prison and a $1 million fine per count.

(Colorado Public Radio)

CEO's Statement

"The jury affirmed that this case should never have been brought," Thiry said in a statement. He thanked the jury for its "thoroughness in performing its solemn duty."

(The Colorado Sun)

DOJ and FTC Guidance

In October 2016, the DOJ and Federal Trade Commission (FTC) jointly released their Antitrust Guidance for Human Resource Professionals. This guidance set the tone of the DOJ's and FTC's intent to target agreements that either fix salaries for employees or preclude companies from hiring each other's employees. The guidance highlighted that "[g]oing forward, the DOJ intends to proceed criminally against naked wage-fixing or no-poaching agreements," and that "the DOJ may … bring criminal, felony charges against the culpable participants in the agreement, including both individuals and companies."

(The National Law Review)

No-Poach Statutes Garner Attention as Prosecution Increases

Legal experts say the Biden administration has stepped up action against no-poach agreements, which has put managers on alert. "We certainly expect it to continue to be an area of enforcement focus throughout the Biden administration, so I think there is as good a reason as the HR community has ever seen to stay close to these issues," said Nicholas Gaglio, an attorney at the New York office of Axinn, Veltrop & Harkrider, an antitrust law firm.

(SHRM Online)

ESG, Ethics & Compliance
Recruiting


Artificial Intelligence in the Workplace

​An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.



Related Content

Kelly Dobbs Bunting speaks onstage at SHRM24
(opens in a new tab)
News
Why AI+HI Is Essential to Compliance

HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.

(opens in a new tab)
News
A 4-Day Workweek? AI-Fueled Efficiencies Could Make It Happen

The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.

(opens in a new tab)
News
How One Company Uses Digital Tools to Boost Employee Well-Being

Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.

Workplace Compliance Newsletter

Summaries of legal decisions, legislative news and regulatory news, delivered Friday afternoons.

Success title

Success caption

Manage Subscriptions
Our Brands

SHRM Foundation Logo
SHRM Executive Network Logo
CEO Circle Logo
SHRM Business Logo
SHRM Linkage Logo
SHRM Labs
Overview

  • About SHRM
  • Careers at SHRM
  • Press Room
  • Contact SHRM
  • Book a SHRM Executive Speaker
  • Advertise with Us
  • Post a Job
Advocacy

  • Workforce Development
  • Workplace Inclusion
  • Workplace Flexibility & Leave
  • Workplace Governance
  • Workplace Health Care
  • Workplace Immigration
  • State Affairs
  • Global Policy
  • Advocacy Team
  • Take Action
  • Generation Cares
  • The Section 127 Coalition
Member Resources

  • Ask An Advisor
  • SHRM Newsletters
  • SHRM Flagships
  • Topics & Tools
  • Find an HR Job
  • Vendor Directory

© 2025 SHRM. All Rights Reserved
SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer

Follow Us

  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube

  1. Privacy Policy

  2. Terms of Use

  3. Accessibility

Join SHRM for Exclusive Access to Member Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member?
Free Article
Limit Reached

Get unlimited access to articles and member-exclusive resources.

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join and enjoy unlimited access to SHRM Executive Network Content.

Already a member?
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member?

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now