Articles Discussing Restrictive Covenants In The Workplace And Other Topics Relating To Unfair Competition.

Including non-compete covenants in physician employment and shareholder agreements is common practice. Whether they are legally enforceable as drafted varies from state to state. In this podcast, Jackson Lewis attorneys explore how hospital systems and medical groups can protect their goodwill and legitimate business interests.

Non-compete covenants in physician employment and shareholder agreements are common practice. Whether they are legally enforceable as drafted varies from state to state. Some states have broad interpretations of reasonableness — and there’s a growing trend to disallow these types of agreements completely.

A New York Arbitrator’s recent decision invalidating the non-disclosure agreement (“NDA”) signed by former Apprentice star turned White House advisor Omarosa Manigault Newman (“Omarosa”) is a cautionary tale for employers who make regular use of such agreements with their employees.

Few experts in the field of unfair competition law would disagree that the 2018 decision in AMN Healthcare, Inc. v.

Employees are the most valuable assets of any company. Particularly in the life sciences industry, where employees are often highly skilled and entrusted with trade secrets, it is mission critical to protect against unfair poaching by competitors.

Earlier this month, President Joseph Biden issued an Executive Order encouraging the Federal Trade Commission (FTC) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”

We joined more than 50 lawyers and paralegals around the country – all of

President Biden’s executive order on “Promoting Competition in the American Economy” arguably could have little to no immediate–or even long term impact–on physicians in the healthcare industry, as physician non-compete agreements (“NCAs”) are already subject to the strictures of state law in a purposeful manner that promotes access and continuity of care, while concomitantly preserving healthcare providers’ ability to protect their investment. 

According to the U.S. Department of Justice (DOJ), on July 15, 2021, DaVita Inc. and its former chief executive officer were accused in an indictment of two counts of violating the Sherman Act, an antitrust law, by conspiring with two competitors to not solicit or hire each other’s key employees.

President Biden’s executive order on “Promoting Competition in the American Economy” arguably could have little to no immediate–or even long term impact–on physicians in the healthcare industry, as physician non-compete agreements (“NCAs”) are already subject to the strictures of state law in a purposeful manner that promotes access and continuity of care, while concomitantly preserving healthcare providers’ ability to protect their investment.  

In the latest step toward federal regulation of non-compete agreements, President Joe Biden has issued a wide-ranging Executive Order that, among many other competition-focused objectives, encourages the Federal Trade Commission (FTC) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”

On July 9, 2021, President Biden issued an executive order on “Promoting Competition in the American Economy.”  The order directs more than a dozen federal agencies to address a wide range of competition-related issues.  One such issue is non-compete covenants with employees.

President Biden’s Executive Order on Promoting Competition in the American Economy includes a directive to the Federal Trade Commission (FTC) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility” as a means to increase mobility of employees seeking higher wages.

On July 9, 2021, President Biden issued his Executive Order on Promoting Competition in the American Economy.

On July 9, 2021, President Biden signed a sweeping executive order aimed at promoting competition in the economy. The order includes 72 initiatives that President Biden says will address pressing competition problems and promote long-term growth across the economy. Among the initiatives is a direction to the Federal Trade Commission

There have been whispers of federal regulation of non-compete agreements for years. Multiple bipartisan bills aiming to ban non-competes have fallen to the wayside without traction. The Federal Trade Commission hosted a workshop in January 2020 (attended by our own Erik Winton) “to examine whether there is a sufficient