Noncompete and No-Poach Agreements in Healthcare: Navigating New Executive Order, State Laws, Private Litigation

Recording of a 90-minute CLE video webinar with Q&A


Conducted on Tuesday, September 21, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will guide healthcare counsel on noncompete agreements and other restrictive covenants in healthcare. The panel will discuss the recent Biden Executive Order (EO) and its implications for the use of noncompete and no-poach agreements in the healthcare industry. The panel will examine agency guidance and state laws as well as private litigation. The panel will also offer best practices for navigating noncompete and no-poach agreements in healthcare.

Description

Many healthcare providers have dealt with noncompete, no-poach, and other restrictive covenant agreements. These agreements are often a condition of employment or are used to protect medical practices from the competition. Often focused on physicians, these restrictions seek to prevent them from establishing a competing practice with a patient base built while practicing at their former employer.

On July 9, 2021, President Biden signed a wide-ranging EO entitled Promoting Competition in the American Economy. The EO addresses noncompete covenants, encouraging the FTC to ban or limit noncompete agreements. Healthcare is one of the industries spotlighted.

In addition to the EO, the healthcare industry must also consider state laws regulating the use of restrictive covenants. For example, North Carolina and South Carolina restrict the enforceability of physician noncompete agreements and Illinois is currently considering something similar. However, these states have upheld narrowly tailored noncompetes.

Listen as our authoritative panel of healthcare advisers discusses the recent EO and its implications for the use of noncompete and no-poach agreements in the healthcare industry. The panel will also examine agency guidance and state laws and actions, as well as the potential for private litigation. The panel will also offer best practices for navigating noncompete and no-poach agreements in healthcare.

READ MORE

Outline

  1. Restrictive covenants in healthcare
    1. Biden EO and its implications for healthcare
    2. Agency guidance
    3. State laws
    4. Private litigation
  2. Best practices for noncompete and no-poach agreements in healthcare

Benefits

The panel will review these and other issues:

  • What does the recent Biden EO mean for the healthcare industry and the use of noncompete agreements?
  • How are states restricting the use of noncompete agreements?
  • How can the healthcare industry properly implement restrictive covenants while complying with state law and the Biden EO?

Faculty

Hirsch, Adam
Adam N. Hirsch

Of Counsel
Roetzel & Andress

Mr. Hirsch focuses his practice on commercial and business litigation, representing a wide variety of clients ranging...  |  Read More

Matchinski, Jayme
Jayme R. Matchinski

Officer
Greensfelder Hemker & Gale

Ms. Matchinski draws on her extensive experience in health and corporate law to help healthcare companies handle the...  |  Read More

Oliver, Leigh
Leigh L. Oliver

Partner
Hogan Lovells US

Ms. Oliver's practice is devoted to antitrust law, including counseling and litigation on a wide range of legal and...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

Download