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September 2021
Welcome to readers of Making the Connection!   
In this issue, you will find: 
  • In Focus : New York Attorney General Takes Aim at No-Poach Agreements
  • Question of the Month, on the challenges of online mediation
  • Case on Point, discussing the constitutionality of vaccine mandates
  • At the Podium, listing my speaking engagements and public appearances
  • Client Corner, spotlighting client events and announcements
In Focus
New York Attorney General Takes Aim at No-Poach Agreements
Sometimes, companies that do business with each other will enter into no-poach agreements providing that they will not recruit or hire each other's employees.   Recently, the Antitrust Bureau of the New York Attorney General's Office investigated no-poach agreements entered into by a title insurance company with independent agencies that issued policies on its behalf. The Attorney General found no pro-competitive benefits of such agreements, and that they restricted competition in the labor market for title insurance personnel, in violation of state and federal antitrust laws. Rather than contest these findings, the insurer entered into a settlement in which it agreed to pay $1 million to the State of New York and to refrain from entering into or enforcing no-poach agreements. Employers who utilize no-poach agreements should consider alternative approaches to employee retention.
Question of the Month
This feature answers a reader's question or poses questions to my readers. Please submit proposed questions to

Q: What are the challenges  faced by mediators in mediating online, and how can they be overcome?

A: This is the issue we will be exploring in a virtual session at the Association for Conflict Reson Overcoming Challenges in Virtual Mediations on September 29 at 10:30 a.m. Visit for information and registration.
Case On Point
In this month's case, the 7th Circuit Court of Appeals rejects a challenge to Covid-19 mandates in the public higher education context.  
Klaasen v. Indiana University
(U.S. Ct. of App. for the 7th Cir. 2021)
Indiana University, like many public and private colleges and universities, imposed a requirement that all students be vaccinated against COVID-19 unless they qualified for a religious or medical exemption. Exempt students must wear masks and be tested twice a week.

Plaintiffs contended these requirements were unconstitutional.  In rejecting this contention and refusing to enjoin the vaccine mandate, the Court of Appeals observed:

  • the United States Supreme Court upheld the constitutionality of polio vaccine requirements more than a century ago;
  • vaccines are necessary to ensure the safety of other students in a setting where close personal contact is inevitable;
  • health examinations and vaccination requirements (against measles, mumps, diptheria, tetanus, etc.) have been in place for many years in public education settings; and
  • students who do not want wish to be vaccinated can choose to study elsewhere. 
At the Podium
This is a listing of speaking engagements, workshops, events and other public appearances. At the Podium events are listed on the calendar page of my website. A listing of available presentations and workshops is also posted.   To book me as a speaker or facilitator at your next company, client or association function, contact me at    
  • On September 23, 2021, I will discuss Strategic Alliances at a noon meeting of the Moxxie Network Business Development Club.  Click here for information.

  • On September 24, 2021, I will do a presentation on Using Mediation to Navigate  Family Business Disputes for the American Photography Archives Group from noon to 1:00 p.m. Information will be posted at

  • On September 29, 2021, from 10:45 to 12:15 p.m.,  I will be a presenter at a session on Overcoming Challenges in Virtual Mediation at the 2021 Annual Conference of the Association for Conflict Resolution. Visit for information and registration.

Client Corner
Client Corner features client announcements and events of potential interest to readers.  Some Client Corner events are also listed on the calendar page of my website.    

  • Elizabeth S. Vaughan of In-Site Interior Design, Inc. was recently interviewed on Interior Design for Multifamily Buildings on NYC Apartment Building Chat. Click here to watch the interview.

  • Moxxie Network is hosting a Midday with Moxxie luncheon on September 17, 2021 from noon to 2:00 p.m. at Hotel Indigo in Riverhead. Visit for information and registration.

  • Moxxie Mentoring Foundation will have its Emerald Summit fundraising luncheon on October 28, 2021 from noon to 3:00 p.m. at the Heritage Club.  Visit for tickets and sponsorships.
80 Orville Drive, Suite 100 | Bohemia, NY 11716
© 2021, Lisa Renee Pomerantz. All rights reserved.

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