Winston & Strawn Team Secures Victory Representing Former CEO of DaVita Inc.

A Winston & Strawn team—led by Tom Melsheimer, and comprised of Thomas and Alex Wolens—won the nation’s first criminal prosecution alleging an illegal conspiracy involving a “non-solicitation” or “no-poach” agreement on behalf of client Kent Thiry, the former CEO of DaVita Inc.

In United States v. DaVita, Inc., a Colorado federal jury acquitted Mr. Thiry (and co-defendant DaVita Inc., which was represented by other counsel) on all counts of allegedly conspiring with three other companies to suppress competition in the market for employees.

Tom reflected on the win and its lessons in The Texas Lawbook, calling it “a different animal altogether.” He went on to describe how the “Department of Justice has amped up its efforts in investigating and prosecuting cases involving labor markets–as opposed to product markets–and this unprecedented case was the debut of this strategy”

The win was featured in The Am Law Litigation Daily’s April 22, 2022 column, as well as the following publications:

• “Not guilty: Jury acquits DaVita, Kent Thiry of corporate conspiracy charges,” 9News
• “DaVita, ex-CEO Thiry acquitted of labor collusion charges,” The Seattle Times
• “Jury acquits DaVita, ex-CEO Kent Thiry in landmark antitrust prosecution of non-poaching agreements,” The Denver Post
• “DaVita, Ex-CEO Acquitted In Antitrust No-Poach Trial,” Law360
• “‘Our Heads Were Spinning’: Trial Atty Explains Rare Strategy,” Law360