David Clark Quoted in “Policymakers Consider Changes to Non-Compete Rules”

Urology Times

David J. Clark, Member of the Firm in the Litigation and Employment, Labor & Workforce Management practices, in the firm’s New York office, was quoted in Urology Times, in “Policymakers Consider Changes to Non-Compete Rules,” by Ross E. Weber.

Following is an excerpt:

As the physician work force consolidates into hospital and large independent practice settings, laws and regulations that govern professional contracting become increasingly relevant for the individual urologist. One area attracting considerable attention from state legislators and federal regulators is whether a contract may limit the circumstances under which individuals may employ their skill or trade once the contract ends…

Restrictive covenants such as non-compete and/or non-solicitation agreements are generally governed by the laws of the state where the agreement was made. Three states prohibit non-compete clauses in nearly all situations, including those involving health care professionals: California, Oklahoma, and North Dakota. Many more states prohibit their use for lower wage positions.

"For physicians," according to David J. Clark, an employment law specialist with Epstein Becker Green, “there can be an additional level of complexity in the analysis of such covenants, because many states, in light of the unique position the medical profession holds in the public interest, apply special rules to covenants that restrict medical practice.”

The article cites a post by Mr. Clark on the Trade Secrets & Employee Mobility Blog, "Non-Compete Laws Affecting Health Care Professionals in Various U.S. Jurisdictions."