Client Alert: Department of Justice Prosecutions in Employment-Related Antitrust Suits Fall Flat in DaVita Inc. and Jindal

Juries Acquit Criminal Antitrust Defendants of All Charges
 
This month, federal juries acquitted defendants facing criminal antitrust convictions in two trials against employers accused of improperly restraining trade in the labor market. On April 14, a Texas federal jury acquitted physical therapy staffing company executives Neeraj Jindal and John Rodgers of conspiracy to fix prices in violation of the Sherman Antitrust Act. The Department of Justice alleged that Jindal and Rodgers agreed with competitors to lower the rates paid to certain categories of employees in concert. One day later, a Colorado federal jury acquitted DaVita, Inc. and ex-CEO Ken Thiry of three counts of conspiracy in restraint of trade. Here, the Department of Justice alleged that DaVita and Thiry agreed with rivals not to recruit or hire each other’s employees. Earlier this year, the court in DaVita denied defendants’ motion to dismiss and found the employers were sufficiently on notice that no-poach agreements were per se illegal under the Sherman Act. This was a significant win for the Department of Justice and the first ruling of its kind. For both DaVita and Jindal, the Department sought to leverage the courts’ decisions in other pending criminal prosecutions of no-poach agreements. Yet, the Department was unsuccessful in translating that early DaVita win into success at either trial.
 
Read the full alert here.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Client Alert: Department of Justice Prosecutions in Employment-Related Antitrust Suits Fall Flat in DaVita Inc. and Jindal
Juries Acquit Criminal Antitrust Defendants of All Charges
 
This month, federal juries acquitted defendants facing criminal antitrust convictions in two trials against employers accused of improperly restraining trade in the labor market. On April 14, a Texas federal jury acquitted physical therapy staffing company executives Neeraj Jindal and John Rodgers of conspiracy to fix prices in violation of the Sherman Antitrust Act. The Department of Justice alleged that Jindal and Rodgers agreed with competitors to lower the rates paid to certain categories of employees in concert. One day later, a Colorado federal jury acquitted DaVita, Inc. and ex-CEO Ken Thiry of three counts of conspiracy in restraint of trade. Here, the Department of Justice alleged that DaVita and Thiry agreed with rivals not to recruit or hire each other’s employees. Earlier this year, the court in DaVita denied defendants’ motion to dismiss and found the employers were sufficiently on notice that no-poach agreements were per se illegal under the Sherman Act. This was a significant win for the Department of Justice and the first ruling of its kind. For both DaVita and Jindal, the Department sought to leverage the courts’ decisions in other pending criminal prosecutions of no-poach agreements. Yet, the Department was unsuccessful in translating that early DaVita win into success at either trial.
 
Read the full alert here.

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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