Jonathan Pollard discusses horizontal no-poaching agreements and antitrust. This issue frequently comes up on the back end of competitors litigating over non-compete agreements, tortious interference, trade secrets and employee mobility. Contrary to popular belief, no poaching provisions in settlement agreements aren't somehow magically immunized from liability.

Bottom line: Horizontal no-poaching agreements are per se illegal under antitrust law and, in some instance, criminal.

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