No poach agreements (i.e., we agree not to solicit each other’s employees) in customer contracts are a no-no for antitrust reasons, right? A customer is pretty adamant that they want it in but I feel like this is black and white. Would love to know if any of you are seeing them in your customer contracts and whether you’re including “unless prohibited by law” type of language to CYA.

like
Posting as :
works at
You are currently posting as works at

Non-solicits are extremely common. Not sure why it would be an antitrust issue unless you’re in an extremely niche area (in which case, it might still be enforceable, so long as it’s not a blanket no hire).

like

Ah I can’t speak to the school context. But, based on a skim sounds like the concern is entire non-solicit agreements, not a provision in the context of a deal where that’s not the primary purpose. You mentioned customer agreement in your post, so sounds like the context is different. Presumably your employees only other choice isn’t to go to this customer, whereas teachers would probably have to move if they were restricted from teaching at nearby schools.

If you’re otherwise ok with the provision, no harm with putting it in. The odds of a court ever seeing it are slim to none, and if it ends up being unenforceable, you’re in the exact same boat had you not put it in at all.

like

When customers are insistent we limit the time period (1 year, 1 year after project close etc) who it applies to (only those directly involved in the project) and do not limit indirect solicitation or the ability to hire when the candidates seek us out on their own.

likehelpful

Thank you for your response. Super helpful!

Be careful in California.

like

Lol what

AGC1 - you sound like a real gem. It costs you literally nothing to keep scrolling if you have nothing to contribute. Have a great weekend and I truly hope you rethink your perspective on what this or any place (social media or otherwise) can offer. Why be condescending and insufferable when you can choose to put out into the world what you hope to receive?

You generally can’t agree with your competitors that you won’t hire each other’s employees. It’s very common for a company to have some type of a non-compete/non-solicit for their own employees.

I think I'm still missing the point here. A standalone agreement not to hire each others employees and nothing more would be illegal (naked non-poach ag.). But my understanding is that your client's agreement is not naked, correct?

Bahh. Bad hypothetical. They wouldn't do that.

like

https://www.justice.gov/atr/file/903511/download

More Posts

Dear fishes.. Pls help a fellow fish

Evoke technologies: 31 lpa fixed.
Wells fargo : 27 fixed + 3 var + 1 jb.

Tech : ETL Dev
Yoe: 9 yrs

likehelpful

Hi All, If someone referred me for a role at Facebook a few months ago, do I need a new referral if I am now interested in a role at Meta? I thought I remembered hearing their referrals apply to all positions applied to for 12 months but now I am unsure.
Facebook (Meta) .

like

What would be the salary of a 8-years experience holder in IT as developer/manager plus handling 2-3 projects at a time?

like

How is Allstate India Internal Audit(SOX) Profile?

Has anyone ever signed up for a job, only to get there and realize they have no idea what they are doing? Help!

like

Laid off with 1 YOE. Do I include college Awards / Extracurriculars (have just one line to list each right now) ? How about SAT scores?

like

Currently at a top restructuring / turnaround firm in the Middle East, though in their strategy consulting arm, which would be Tier 2/3 - looking to see if a move to their restructuring side would be a better option for me
Anyone currently in restructuring / who moved from strategy to restructuring who I can speak with ?
Regarding questions concerning type of work, work life balance, compensation, b-school options, exit opportunities
Any leads would be appreciated, thanks !!

like
like

Currently in CDO level 8 in support and maintenance and development. I’m looking to volunteer to get knowledge in RFP and sales side.cont...

like

Hi,

Hope you all doing well.

I was working with Mindtickle. And recently got laidoff from Talent Acquisition team.
I'm looking out for change as Talent Acquisition, would you mind to refer in your current organization please Or can refer in your connection if someone has the opportunity.

Thanks
Aditya

likefunny

Hii! Anyone open to Apple or DoorDash referral. 3 YOE Parthenon consultant! Posting picture for visibility. 😅 my dying plant. Appreciate all your help!

Post Photo
likesmart

Is 21% VP at Accenture is trap or something? How much max I can get out of it.
It will be great if someone can explain with example. I am little confused about joining

like

How are those of you working from home with your kids doing? My kids are well behaved but young and it’s hard to get the billing I am used to in each day!

like

So... Who else is over it?

like

Can we say that AKQA is a design-driven company (or is it more a consultancy company with design teams in it)?

How would you define it? 🙃

like

How did you decide at what age you wanted kids? I thought I wanted them at 28, but I’ll be 28 in about a year and don’t feel I’ve lived enough yet to have kids... but I also don’t want to wait until say, 35, either.

likefunny

McKinsey & Company Bain & Company Is Victor Chang LOMS, worth it? Have my phone case with McKinsey on the 28th this month and don’t have much previous case experience. Looking for all insight and thoughts! McKinsey & Company Boston Consulting Group Bain & Company

like

Female bosses, how do you manage your anxiety? I want to learn how to be more assertive and pushback on people, but anxiety always holds me back.

like

anyone has any insight on M&A strategy at Deloitte? WLB? Career progression?

like

Can we have a meet up? Who’s in London ? I want to meet new people. I like food, cocktails, keeping my peace and Chanel

likefunny

Additional Posts in In-House Counsel

Does anyone have insight on in-house assistant counsel role at Convey Health Solutions? They’re based in Fort Lauderdale, FL.

Any strategies for trying to change a legal department culture that functions primarily by jumping from fire to fire? This is reflective of the broader company’s approach so to a certain extent I’m fighting an uphill battle/bound to it, but I’m finding any middle- or longer-term initiative eventually gets pushed to the back of the pile.

like

Any advice on interviews at a FAANG company (not Amazon)? What would be the best way to prepare?

like

I’m going through periods of Intense businesses and extreme boredom. What got you through this?

like

Did anyone get a real estate broker’s license for a side hustle? I am working as in-house counsel with a focus on commercial agreements / corporate law but I have always had an interest in real estate. I would love to hear anyone’s insight, the good and the bad!

like

Hello everyone! I am currently a state civil attorney but want to pivot to in-house in the future. However, I have been told by a few attorneys that staying at my state job will make it more difficult to go in-house. Would you guys agree with that? Should I try to go private first and then in-house? Any advice would be appreciated! Thank you!

like

Just traveled for work. While traveling, I visited a museum and it cost like $25. The business is insistent that all trip related expenses are submitted. Should I submit the $25 expense/similar expenses for tourist type things I did during my off time on the trip?

like

Read something a couple of months ago about how only corporate counsels have a path to General Counsel - is this true? Is it harder to become the Head of Legal or Chief Legal Officer of a company if one starts out their in-house career as a commercial counsel?

like

What software does your legal department use for handling outside counsel spend? I recently joined my current company and the legal invoice/spend software it currently uses is atrociously bad so I am seeking alternatives to transition us.

likehelpful

My first week in-house as a seasoned professional in a specialized area of law, learning that we have a totally unnecessary process in place, which was set up by my boss, a European attorney allegedly well versed in our specialized area of law. How do I delicately inform that “the process you set up and team you hired to do X is based on a misunderstanding of the law. You don’t have to do X. You can do Y instead, which is what everyone else does, it’s easy and free & doesn’t require a team.”

like

Which books would you recommend for in house counsel about strategy, management, and leadership?

Asking as product counsel for tech startup.

like
likefunny

Anyone have any experience working as counsel for Hyundai? I have some questions I'd like to ask.

like

Anyone know anything about leases on cell towers on property? Specifically, can a charter school enter a lease for the use? We are not for profit and unsure if we can. I’ll be browsing through TX governing school laws...but curious if anyone knows anything about it...

like

Just got an offer - yay! I've never been good at negotiating/asking HR questions up front. What do you wish you had known before accepting your job?

like

12 YOE & seeking first in-house role. Apps have been mostly ignored with a few interviews. Company is finally showing interest - 3000 employees, small legal team, I’d be the 3rd atty. I asked around this company and haven’t heard great things.

Is it better to get into an in-house role (ANY in-house role) and then try to lateral somewhere else, or just wait for a better opportunity? Worried w my YOE it’ll be hard for me to find the right fit, and that having some in-house experience will help.

like

I went through 5 rounds of interviews for an in-house position and received an email from the recruiter asking to speak with me. I was super excited thinking I was going to get an offer only to have received a rejection that could’ve been done via email. I appreciate that she made the effort to call but it also made the rejection that much more painful because I was fully expecting an offer, plus I had to block off time in my schedule and wait for her to call.

like

Which FAANG has the best WLB for its in house counsel? I’ve heard Amazon is basically just big law hours. I’ve also heard Google attorneys similarly work a ton. Any of them offer close to a 9-5 MF job?

like

I would love to talk to someone who went from biglaw to meta (even better if for product counsel). If you fit this description PLEASE let me know

like

Hello everyone, I know someone looking for some perspective, so I’m taking a poll. Would you:

1) take a pay cut to transition from litigation (insurance defense) to a transactional firm; or
2) take a $70k pay increase to stay in litigation but move to a complex litigation firm handling various kinds of defense matters.

You are a two year attorney, with the goal to go in house at an entertainment company or work for an entertainment law firm.

like

New to Fishbowl?

Download the Fishbowl app to
unlock all discussions on Fishbowl.
That was just a preview…
Sign Up to see all discussions
  • Discover what it’s like to work at companies from real professionals
  • Get candid advice from people in your field in a safe space
  • Chat and network with other professionals in your field
Sign up in seconds to unlock all discussions on Fishbowl.

Already a user?
Login here

Share

Embed this post

Copy and paste embed code on your site

Preview

Download the
Fishbowl app

See what’s happening in your industry
from the palm of your hand.

A phone with Fishbowl app

Send download link to your phone

OR

Scan your QR code to download
Fishbowl app on your mobile

By continuing you agree to Terms of Use and Privacy Policy.

Messaging rates may apply

Download app

Sign up for free to view this conversation on Fishbowl

By continuing you agree to Terms of Use and Privacy Policy

Already have an account? Log in

Sign up for free to continue using Fishbowl

By continuing you agree to Terms of Use(New) and Privacy Policy(New)
Messaging rates may apply

Already have an account? Log in

For account settings, visit Fishbowl on Desktop Browser or

General

Legal