Employees can be a Company’s most important asset, but unlike other assets, employees can walk. When an employee walks out the door, the employee takes with him the human capital that results from the joint investment of the employee (through his time and effort) and the employer (through its formal and informal training programs -- and through the compensation paid to the employee). The employee might also take business relationships and confidential information. With employee mobility at an all-time high, employers might ask how far they can go by agreeing among themselves to limit the kinds of competition they will engage in for employment services.

Dorsey’s Michael Lindsay and Kate Santon discuss this in an article just published in the Summer 2012 edition of the ABA publication Antitrust.

Read the full article here.