Clockwise from top left: Juanita Brooks of Fish & Richardson, John Walsh of Wilmer Cutler Pickering Hale and Dorr, Tom Melsheimer of Winston & Strawn and Jack Dodds of Morgan, Lewis & Bockius. Courtesy photos Litigators of the Week: The Defense Team that Fended Off Criminal 'No Poach' Charges at Trial for DaVita and Its Former CEO
Lawyers at Morgan Lewis and Wilmer represent the Denver-based dialysis company and a team from Winston & Strawn, Fish & Richardson and McDermott represent former CEO Kent Thiry. A federal jury this week acquitted the defendants on all counts of conspiring with three companies run by DaVita alumni to avoid competing for employees.
April 22, 2022 at 07:30 AM
13 minute read
In the first trial where the government was seeking criminal antitrust convictions tied to no poach agreements, our Litigators of the Week scored an across-the-board acquittal last week. Federal prosecutors brought three conspiracy charges apiece against Denver-based dialysis company DaVita and its former CEO Kent Thiry, claiming non-solicitation agreements with competitors headed by DaVita alumni amounted to criminal violations of the Sherman Act.
The company's trial team was led by Jack Dodds of Morgan, Lewis & Bockius and John Walsh of Wilmer Cutler Pickering Hale and Dorr. Tom Melsheimer of Winston & Strawn and Juanita Brooks of Fish & Richardson were lead trial counsel for Thiry alongside a team from McDermott Will & Emery.
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