Noncompete and No-Poach Agreements in Healthcare: Navigating the Biden Administration's Executive Order, Rapidly Changing State Laws, and Private Litigation

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, September 15, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 19, 2022

or call 1-800-926-7926

This CLE course will guide healthcare counsel on noncompete agreements and other restrictive covenants in healthcare. The panel will discuss the 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 life sciences companies and other healthcare providers have encountered noncompete, no-poach, and other restrictive covenant agreements. These agreements are often a condition of employment or are used to prevent unfair competition and protect employers' trade secrets and customer relationships.

In 2021, President Biden signed a wide-ranging Executive Order entitled Promoting Competition in the American Economy (the EO). The EO addressed noncompete covenants, encouraging the FTC to ban or limit them. Healthcare is one of the industries spotlighted. However, the Supreme Court's recent decision in West Virginia v. EPA may have cast the FTC's authority to do so into serious doubt.

In addition to the EO, the healthcare industry must also consider state laws regulating the use of restrictive covenants. Just this year alone, a total of 98 noncompete bills have been introduced in 29 state legislatures, with some 30 of them focused on the healthcare industry in one way or another.

Listen as our authoritative panel 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.

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Outline

  1. Restrictive covenants in healthcare
    1. Biden EO and the impact on 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, and how did the Supreme Court's recent decision in West Virginia v. EPA affect the FTC's ability to take action?
  • How are state laws changing generally and as they apply in the healthcare industry?
  • How can the healthcare industry properly implement restrictive covenants while complying with rapidly changing state laws?

Faculty

DeLorme, M. Carter
M. Carter DeLorme

Member
Epstein Becker & Green

For more than 25 years Mr. DeLorme has defended companies in labor and employment law matters, consistently crafting...  |  Read More

Rigby, Katherine
Katherine G. Rigby

Member
Epstein Becker & Green

Ms. Rigby has devoted her entire legal career to representing employers in life sciences, technology, hospitality, and...  |  Read More

Weibust, Erik
Erik W. Weibust

Member
Epstein Becker & Green

Mr. Weibust represents clients in commercial litigation matters, including franchise, distribution, and real estate...  |  Read More

Attend on September 15

Early Discount (through 08/19/22)

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Early Discount (through 08/19/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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