In an article published by Concurrences, Senior Associate Rochella Davis discusses how the applicable standards of review for no-poaching agreements affect class certifications in class actions, considering the risk of both first-mover private class action litigations and follow-on class action litigations.
Excerpt: Just as the application of a per se standard is critical criminal no-poaching cases, whether the per standard applies is also critical in class actions concerning no-poaching agreements. This is because the applicable standard of review affects the likelihood of whether plaintiffs can successfully certify a class, which in turn determines defendants' risk of financial exposure, risk of to being subject to injunctive relief and even reputational harm.
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