No-poach clauses in franchisor-franchisee agreements have recently been the subject of litigation and scrutiny, with at least 10 states investigating the provisions last summer. However, the issue is far from settled, and interested parties "who implement no-poach agreements should find solace from the Department of Justice's Statements of Interest that federal criminal indictment on the basis of Federal anti-trust laws is not likely," writes attorney Dan Forman.