The Antitrust Division of the Department of Justice (DOJ) has filed two complaints in District of Columbia federal court alleging that no-solicit agreements among high-tech employers constitute an unlawful restraint on trade in the market for highly-skilled employees in the technology sector.

In United States v. Adobe Systems, Inc., the DOJ alleged that do-not-call agreements among Google, Apple, Adobe, Intel, Intuit and Pixar were formed as a result of communications between company executives to prohibit recruiters from contacting employees of cooperating firms to fill open positions.

My Take: This will be a very interesting case to follow. Courts and Judges always need to “see” the big picture. And, in my opinion, the big picture is that enforcing restrictive non-solicitation and non-compete agreements is bad for innovation and bad for the United States economy.

Dan Frith

Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at