Law360 Covers COSAL Amicus Brief in Naval Engineers' No-Poach Case
A July 31 article by Matthew Pearlman for Law360 was entirely dedicated to COSAL’s amicus brief in Scharf v. General Dynamics Corp.
From the article:
The Committee to Support the Antitrust Laws backed that assertion in Tuesday's amicus brief, saying that the judge's ruling imposed a "heightened and arbitrary standard" for what constitutes fraudulent concealment since the workers could not have discovered the conspiracy earlier.
The court found that the conspiracy was not "self-concealing" since the agreement to not hire employees from each other was not "inherently deceptive." But the brief said this ignores the fact that no-poach conspiracies do not need to be secret, pointing to cases involving no-poach terms in publicly available franchise agreements.
The brief also said the ruling ignores allegations that the companies agreed not to write down the agreement.
