October 18, 2010
In the article, "Anti-Poaching Case Settled," Human Resources Executive quoted partner Richard E. Donovan on the Department of Justice's settled lawsuit against Adobe Systems, Apple, Intuit, Google, Intel and Pixar. The complaint alleged the companies agreed not to cold call each other's employees in recruiting efforts.
"Richard Donovan, a partner and the antitrust co-chair at law firm Kelley Drye & Warren in New York, says he was surprised that companies as large as these were engaging in such activity--especially since any in-house attorney would have sternly warned company leaders against it." Mr. Donovan said compliance programs should have prevented this kind of activity.
However, Mr. Donovan did not think this practice would lead to rampant class action employee lawsuits as damages would be difficult to prove.