Healthcare Noncompete and No-Poach Agreements: Navigating Evolving Federal Regulations and Rapidly Changing State Laws

David Clark, Member of the Firm, co-presents "Healthcare Noncompete and No-Poach Agreements: Navigating Evolving Federal Regulations and Rapidly Changing State Laws," a webinar hosted by Strafford.

This CLE course will guide healthcare counsel on noncompete agreements and other restrictive covenants in healthcare. The panel will provide an update on current federal regulation and evolving state laws for the use of noncompete and no-poach agreements in the healthcare industry taking into account the recent Loper Bright decision and new presidential administration. The panel will also examine the state of the DOJ's no-poach prosecutions and the potential for private litigation. The panel will offer best practices for navigating noncompete and no-poach agreements in healthcare in a rapidly evolving regulatory environment.

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 recent years under the Biden administration, the FTC and NLRB have taken strong stances limiting the use of noncompete and no-poach agreements. And the DOJ has pursued no-poach prosecutions. However, this may all be impacted by the Loper Bright decision and the incoming presidential administration.

In addition to federal regulation, the healthcare industry must also consider state laws regulating the use of restrictive covenants. In recent years, an increasing number of states have introduced and/or enacted legislation related to noncompetes, many of them focused on the healthcare industry in one way or another.

Listen as the panel discusses the current status of federal regulation of noncompete and no-poach agreements and possible state law interaction. The panel will also examine how this area may evolve and offer best practices for navigating noncompete and no-poach agreements in healthcare.

Outline

• Restrictive covenants in healthcare: federal regulatory update
  • FTC
  • NLRB
  • DOJ no-poach prosecutions
  • Private litigation
  • Possible impact of Loper Bright and a new administration
• Notable state laws
• Best practices for noncompete and no-poach agreements in healthcare

Benefits

The panel will review these and other issues:

• What is the current state of federal noncompete regulation? How may this be impacted by the Loper Bright decision and a new administration?
• How are state laws changing generally and as they apply in the healthcare industry?
• What is the status of the DOJ's criminal no-poach prosecutions?
• How can the healthcare industry properly implement restrictive covenants while complying with rapidly changing state and federal laws and administrative guidance?

Register

For more information, visit StraffordPub.com.