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[Music] the settlement signals at the DOJ is going to continue prioritizing prosecution of no poaching cases under their current administration in some ways the case is really just a continuation of the antitrust divisions enforcement activities in this area in 2010 for example the DOJ resolved several lawsuits involving large Silicon Valley companies in October of 2016 the DOJ together with the FTC issued guidelines for companies targeted specifically at HR professionals and advised them as to how the DOJ views company conduct in this area at the same time the case does give some insight as to how the DOJ is likely to approach these cases in the future so in this particular case since the no poaching agreement was finalized and terminated prior to the DOJ z-- October 2016 guidance the DOJ decided to resolve this case civilly whereas they they made it clear that if in the future cases involved no poaching agreements that post date the DOJ is October 2016 guidance then those cases will be prosecuted criminally whenever you have companies that work in highly competitive markets involving highly skilled workforces where the demand for highly skilled workers is very high and the supply of for those workers is very low then you have companies operating in potentially high-risk environments and so companies in those situations need to be extra vigilant to protect against these types of violations so for example a company may want to enter into a joint venture with another company to put a product on the market in that case they may want to have a no poaching or no hire agreement that specifies that certain employees that are working on this joint venture are off limits during the the duration of the joint venture and so if the no hire agreement identified the joint venture identified the employees that are covered by the agreement specified the time frame when the the agreement would terminate based on an end date or some kind of type of terminate event then that type of no poaching agreement might be lawful and the company should talk to counsel prior to proposing that idea to their business partner also if a company has a reason to believe that a violation occurred they should hire counsel to conduct an investigation in the counsel can advise them as to whether or not they have an obligation to self report to the DOJ and if the company determines that a violation occurred then that's not the end of the road capable counsel can advise the company and put them in the best position to secure amnesty or reduced penalties in negotiations with the DOJ and also advise them as to compliance programs and internal protocols that can be put in place to put the company in the best position to ensure that these types of violations do not happen again [Music] you