United States Third Circuit

EICHORN v. AT&T CORP., 99-5791

A no-hire agreement which is a valid covenant not to compete and is reasonable in scope does not violate the Sherman Act, but may still be unlawful as interfering with an ERISA funded employee pension fund in violation of ERISA section 510.

Appellate Information

• Argued 12/12/2000
• Decided 04/23/2001
• Published 04/24/2001

Judges

• Before SCIRICA and AMBRO, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Noel C. Crowley, (Argued), Crowley & Crowley, Morristown, NJ, Attorney for Appellants.


• For Appellees:
  
• Jonathan E. Hill, (Argued), Kathy A. Lawler, Pitney, Hardin, Kipp & Szuch, Morristown, NJ, James E. Tyrrell, Jr., (Argued), Scott L. Weber, Latham & Watkins, Newark, NJ, Attorneys for Appellees, AT & T Corp. and Lucent Technologies, Inc., David M. Fabian, (Argued), Traflet & Fabian, Morristown, NJ, Attorney for Appellee, Texas Pacific Group.