Lieff Cabraser partner Dean M. Harvey recently participated in panel discussion on “No-Poach: Assessing Risk in Uncertain Seas” as a part of the American Bar Association’s 68th Annual Antirust Law Section Virtual Spring Meeting. The panel was presented by the Cartel & Criminal Practice and Trial Practice Committees and will be turned into a podcast along with other presented materials available for viewing later this month.
As no-poach cases grow and litigation over the putatively illegal agreements remain uncertain territory, the Antitrust Section assembled an expert panel of antitrust and competition lawyers who took a practical look at the challenges in assessing risk and counseling clients regarding agreements between employers not to hire each other’s employees, including the applicable standard of review, risks of proof at trial, harm and injury, and prosecutorial discretion.
About Dean Harvey
A partner in Lieff Cabraser’s San Francisco office, Dean Harvey represents individuals and companies in antitrust, business tort, employment, and intellectual property litigation. His cases seek to remedy and prevent wrongful conduct by dominant firms. These precedent-setting lawsuits concern a wide variety of industries and markets. Remedies include reimbursing purchasers who have overpaid for price-fixed products; preventing monopolists from stifling innovation and eliminating competition; and obtaining damages for businesses, inventors, and copyright owners.
Dean was a leader in the High-Tech Antitrust class action against Google, Apple, Intel and other tech giants for allegedly conspiring to suppress the mobility and compensation of their technical employees. This landmark case resulted in the largest recovery (by far) of any class action asserting antitrust claims in the employment context: $435 million. Dean continues the fight to ensure that employees receive competitive compensation, currently representing a doctor in a class action alleging an unlawful no-hire agreement between the medical schools of Duke University and the University of North Carolina.