In recent years, there has been unprecedented interest and activity regarding noncompetes and other restrictive covenants.
Legislative, regulatory, and judicial authorities at both the state and federal levels have weighed in on the enforceability of such restrictive covenants in various forms, and even whether noncompetes are appropriate at all. Noncompete law is now evolving more rapidly than ever, and businesses, human resources professionals, legal practitioners, and others need to stay informed on these issues.
Given continued acquisitions and mergers of provider practices and hospital systems coupled with overall staffing shortages, the health care industry must grapple with how to protect against unfair competition while also maintaining employee satisfaction and sufficient staffing levels for patient care. Of course, because of the nature of the industry and the practitioner-patient relationship, courts are sometimes more hesitant to issue injunctive relief that would interfere with that relationship, regardless of what the law says.
What does this mean for you?
- This publication of our 50-State Noncompete Survey now includes a supplement specific to the health care industry. The survey aims to provide a summary of salient points regarding noncompete law for each state and the District of Columbia, including nuances specific to the health care industry.
- Providers, practitioners, investors, and other health care industry insiders should review both the main survey and the supplement as they assess and update their noncompete and restrictive covenant strategies.
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