Personnel Files Are Now Fair Game in Antitrust Investigations

The Google antitrust investigation shows that the FTC and Department of Justice Antitrust Division are now seeking personnel files for business information, such as performance reviews and self-evaluations, according to Mayer Brown attorneys Christopher J. Kelly and William H. Stallings. They suggest employers take steps to ensure, among other things, that personnel reviews are drafted with care and don’t contain hyperbole or provocative language.