Apple, Google and Others Set to Face Trial Over Anti-Poaching Agreements

U.S. District Judge Lucy Koh ruled yesterday that Apple, Google and several other large tech companies will face a trial over "no solicitation" agreements that prevented the companies from attempting to hire away each others' employees, reports Bloomberg.

usdc

The suit represents software and hardware engineers, programmers, animators, digital artists, Web developers and other technical professionals, according to the ruling. Kelly Dermody, a lawyer representing them, said in an e-mail that there are as many as 64,626 potential class members.

“The court finds that, based on the extensive documentary evidence, economic theory, data, and expert statistical modeling, plaintiffs’ methodology demonstrates that common issues are likely to predominate over individual issues,” Koh wrote in her ruling.

According to the original lawsuit filed in 2011, the "no solicitation" agreements dated back to 2005 and were between Apple, Adobe, Google, Intel, Intuit, Lucasfilm, and Pixar. The agreements reportedly prevented recruiters from contacting employees at other companies who were party to the agreement, though employees were free to apply for jobs at other establishments.

The anti-poaching agreements were investigated in 2010 by the Justice Department. The claims were eventually settled, with the companies agreeing not to form no-solicitation agreements for five years.

The current lawsuit is a class-action civil suit representing over 64,000 technical employees who said they were harmed by the anti-competitive actions of the defendant companies. According to SFGate, Judge Koh has scheduled the trial for next May, but it is also possible that it could be delayed by possible appeals from the defendant companies.

Popular Stories

Apple Logo Spotlight

Report: Apple to Launch These New Products in 2026

Sunday November 2, 2025 5:34 am PST by
Apple is planning to launch at least 15 new products in 2026, according to Bloomberg's Mark Gurman. Gurman outlined what to expect from Apple in 2026 in the latest edition of his "Power On" newsletter. He said the company is heading "into one of its most pivotal years in recent memory," with the rollout of major new Apple Intelligence features, intense regulatory pressure on the App Store,...
ios 26 1 slide to stop

iOS 26.1 Brings Back 2007 Feature in New Way

Friday October 31, 2025 1:40 pm PDT by
The upcoming iOS 26.1 update includes a small but helpful change for iPhones, and it could prevent you from running late to something important. Specifically, when an alarm goes off in the Clock app, there is a new "slide to stop" control on the screen for turning off the alarm. On previous iOS 26 versions, there is simply a large "stop" button, which could be accidentally tapped. The new ...
Apple Intelligence General Feature 2

New Version of Siri to 'Lean' on Google Gemini

Sunday November 2, 2025 6:06 am PST by
In his "Power On" newsletter, Bloomberg's Mark Gurman today provided an update on the status of Apple Intelligence and the plans for it in 2026. Apple is still planning to roll out its revamped version of Siri around March of next year. The release should be accompanied by the release of a new smart home display product with speaker-base and wall-mount options. A new Apple TV and HomePod...
HomePod mini and Apple TV

New Apple TV and HomePod Mini Likely Launching Soon

Sunday November 2, 2025 5:49 am PST by
A new Apple TV and HomePod mini could launch as soon as this month, Bloomberg's Mark Gurman today suggested. In today's "Power On" newsletter, Gurman said that Apple retail stores are planning an overnight refresh on the evening of November 11, where changes will be made after closing, such as refreshing displays and placing new products for the following day. The timing of the overnight...
iOS 26

Apple Releases iOS 26.1 With Liquid Glass Toggle, Slide to Stop Alarm, New Apple Intelligence Languages and More

Monday November 3, 2025 1:11 pm PST by
Apple today released iOS 26.1, the first major update to the iOS 26 operating system that came out in September, iOS 26.1 comes over a month after iOS 26 launched. ‌iOS 26‌.1 is compatible with the ‌iPhone‌ 11 series and later, as well as the second-generation ‌iPhone‌ SE. The new software can be downloaded on eligible iPhones over-the-air by going to Settings > General >...
Apple Foldable Thumb

iPhone Fold: Launch, Pricing, and What to Expect From Apple's Foldable

Friday October 31, 2025 8:52 am PDT by
Apple is expected to launch a new foldable iPhone next year, based on multiple rumors and credible sources. The long-awaited device has been rumored for years now, but signs increasingly suggest that 2026 could indeed be the year that Apple releases its first foldable device. Below, we've collated an updated set of key details that have been leaked about Apple's foldable iPhone so far. Ove...
Early Black Friday Deals 2

The Best Early Black Friday Apple Deals

Sunday November 2, 2025 10:04 am PST by
We're officially in the month of Black Friday, which will take place on Friday, November 28 in 2025. As always, this will be the best time of the year to shop for great deals, including popular Apple products like AirPods, iPad, Apple Watch, and more. In this article, the majority of the discounts will be found on Amazon. Note: MacRumors is an affiliate partner with some of these vendors. When ...
M5 MacBook Pro

Waiting for New Macs? Apple Just Shared Bad News

Friday October 31, 2025 7:32 am PDT by
Apple has just given a strong indication that it will not be releasing any additional new Macs for the remainder of the year. Apple's CFO Kevan Parekh dropped the hint during the company's earnings call on Thursday:On Mac, keep in mind, we expect to face a very difficult compare against the M4 MacBook Pro, Mac mini, and iMac launches in the year-ago quarter.Parekh essentially gave a heads up ...

Top Rated Comments

pirateyarrr Avatar
157 months ago
wow - BAD JUDGES

We'll see what your opinion is if you ever get a job that you wish to transition out of, and suddenly find that no other company in your field will give you an interview.

Try not to be so simplistic in your idiotic analyses.
Score: 33 Votes (Like | Disagree)
pirateyarrr Avatar
157 months ago
Baseless accusations as far as Apple is concerned. Not so sure about the others though.

And you know this because..... oh right, because in your mind, Apple can do no wrong.

Please grow up and start living in the real world. It's a corporation, like any other. They will screw over their employees to further their own interests just as fast as any other corporation. Which is to say, instantly.
Score: 31 Votes (Like | Disagree)
springsup Avatar
157 months ago
Good. Enabling more competition for valuable technical staff will require these companies to raise wages and provide other benefits to their employees.

The market has to work both ways: employees are under competitive pressure to adjust their demands, and employers should be under just as much pressure to adjust theirs.
Score: 25 Votes (Like | Disagree)
wikiverse Avatar
157 months ago
What law prevents this?

California's Antitrust Laws.

http://oag.ca.gov/sites/all/files/pdfs/antitrust/antitrust.pdf (http://oag.ca.gov/sites/all/files/pdfs/antitrust/antitrust.pdf)

See the Section "Other agreements among competitors" and "As a businessperson or an employee of a
business "
Score: 12 Votes (Like | Disagree)
DisMyMac Avatar
157 months ago
Remember this when someone says "Just quit, if you don't like your job!"
Score: 11 Votes (Like | Disagree)
kdarling Avatar
157 months ago
Some posters are naively claiming that an employee can look for work on their own. In real life, that isn't true.

1) The Valley especially is a small place, and if someone good puts out feelers to other companies, it'll leak out.

2) It puts the employee at a disadvantage, because it's risky and he could lose his current job. With poaching, he'll already know he has another job waiting.

--

Poaching itself has long been a tradition in this field. Steve Jobs himself poached from Xerox Parc and Palm and all sorts of places. For that matter, when he was kicked out of Apple, he poached a lot of top Apple employees and Apple sued him for doing so.

Just look at the recent headlines. Apple has poached top employees from Samsung, United Airlines and Burberry. These are top CFOs, engineers, etc, who would not have approached Apple on their own.

--

However, Jobs hated it when others poached his employees. In this particular case that Judge Koh presides over, he supposedly went so far as to threaten Palm Inc with patent lawsuits (https://forums.macrumors.com/showthread.php?t=1530360) if they did not agree to join in.

To which the Palm CEO emailed back to Jobs:

"Your proposal that we agree that neither company will hire the other's employees, regardless of the individual's desires, is not only wrong, it is likely illegal.[...]

Palm doesn't target other companies-we look for the best people we can find. l'd hope the same could be said about Apple's practices.

However, during the last year or so, as Apple geared up to compete with Palm in the phone space, Apple hired at least 2% of Palm's workforce. To put it in perspective, had Palm done the same, we'd have hired 300 folks from Apple. Instead, to my knowledge, we've hired just three."

- Ed Colligan Palm CEO
Notice that he thought Jobs' proposal was that "neither company will hire the other's employees, regardless of the individual's desires". If true, that notches things up a level.
Score: 10 Votes (Like | Disagree)