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Anti-Poaching and Wage-Fixing Agreements CLE: New Guidance

in terms of damages if on the civil side
but any numbers out there on how courts or juries have seen things when
employees find out that they have been basically locked into a corner by deals
between companies in their particular sector so that is a very interesting
question and unfortunately while fortunately or unfortunately depending
on your perspective neither both of the both of these cases
settled before the the damages phase so we don’t really know I will say though
in in terms of it in terms of the jury I think one one interesting question that
what was certainly on my mind and I’m sure would have been on the mind of many
attorneys as well is and I would love to hear the James and Anthony shows take on
this as well is the the two cases that were at issue both involved highly
skilled employees that receives that we’re receiving compensation that was
probably well in excess of what the average member of the jury would receive
and so for me I was always curious about how these two components would play out
against each other the the suppression of compensation because of policy set by
executives of tech firms versus the levels of compensation that they
received in the presence of the conduct well Tunisia James how would you handle
that in front of a jury where you know that most of the jury members aren’t in
the same financial league you get downside with you there is that sort of
you have billionaires reaching agreements on the salaries of
millionaires that’s it’s hard to get it might be hard to get a jury that’s too
sympathetic the other hand if you’re trying this
case in the valley I think they’re they’re not look to they’re not going to
look too kindly on on the conduct of companies that suppressing wages across
the valley so you know my suspicion is that your your average juror is probably
going to side with the employees even though they’re pretty well compensated
did Asia I would agree with that I think it’s there certainly you know well
seasoned trial attorneys who I’m sure could find a really great way to
humanize that scenario regardless of the salary multiple compared to the jurors I
think you know most folks want to be properly paid for their services and
that they provide and I think there’s really easy ways to bring that point
home to anyone gets paid a salary

Reynold King

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