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Jacqueline Rubin, Liza Velazquez and Maria Keane Author Law360 Expert Analysis
March 8, 2022
Litigation partners Jacqueline Rubin and Liza Velazquez and counsel Maria Keane co-wrote an article, “Nev. Filing Hints At DOJ's Employee-Noncompete Stance,” published in Law360. The article discusses the DOJ’s current views on the antitrust analysis of employee non-compete agreements as set forth in a recent statement of interest filed in a Nevada state court litigation.
“According to the DOJ, certain employer-employee non-competes may be per se illegal horizontal agreements among competitors,” the authors wrote. “The characterization of a non-compete agreement as per se unlawful could have quite serious consequences, especially if a court determines that the agreement is not ancillary to a legitimate pro-competitive collaboration.”