US: Lawyer who handled Tech Collusion Case to join private firm

James J. Tierney, the government antitrust lawyer who oversaw the complaint accusing six major Silicon Valley companies of colluding not to recruit competitors’ employees, is leaving the federal job to join the law firm Orrick, Herrington & Sutcliffe.

The chief of the Justice Department’s networks and technology enforcement section, Mr. Tierney, 62, worked for the government for 26 years. He oversaw all civil antitrust enforcement and competition policy in the areas of computer hardware and software, high technology component manufacturing, financial services, securities industries and professional associations.

In the no-poaching case, the government accused Adobe Systems, Apple, Google, Intel, Intuit and Pixar Animation of entering into agreements that blocked the recruiting of each other’s employees. The government argued that such a pact undercut competition among companies vying for employees with advanced or highly specialized skills, and squelched competition among workers — effectively putting a lid on wages and depriving them of access to better job opportunities.

The agreements, overseen by senior executives, had barred companies from “cold calling” a competitor’s workers to make better compensation offers, according to a 2010 settlement.

The companies did not admit legal wrongdoing when they signed the settlement, which disallowed practices like the ban on cold calling and which was effective for five years.

Mr. Tierney, who has been the networks and technology section head since 2006, will join Orrick’s office in Washington as a partner with an antitrust practice, starting on Aug. 22. Founded in San Francisco, Orrick specializes in technology, energy and infrastructure law.

Full Content: NY Times

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