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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Health

Date & Time
  • event Date

    Wednesday, January 15, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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.

Faculty

Robert E. Slavkin
Chair, Healthcare Practice Group
Akerman LLP

A former healthcare corporate counsel, compliance, and privacy officer for a publicly traded healthcare company, Mr. Slavkin represents a variety of clients within the healthcare sector, providing guidance on complex issues and compliance with all appropriate federal and state statutes and regulations. These include federal anti-kickback, Stark laws, Medicare, Medicaid, HIPAA, and FDA regulations, as well as providing guidance on daily operational and compliance issues facing healthcare entities. Mr. Slavkin has significant experience with the Affordable Care Act and the ever-evolving role accountable care plays in U.S. health reform. Maintaining a robust thought leadership presence, he conducts frequent lectures throughout the U.S. on a wide array of healthcare issues, including compliance and development of compliance programs under the federal requirements, HIPAA matters, and other relevant issues.

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David J. Clark
Member
Epstein Becker & Green PC

Mr. Clark represents businesses of all sizes in complex business and employment-related disputes before state and federal courts and arbitration tribunals, with particular experience handling matters concerning the movement of people and information between different employers, including issues arising out of non-compete and non-solicit agreements (restrictive covenants), trade secrets, and compensation disputes. Clients also rely on Mr. Clark to litigate employment-related disputes involving claims of discrimination, harassment, and unpaid compensation, and commercial matters involving breach of contract, fiduciary duty, fraud, unfair competition, corporate governance, securities, RICO, and ERISA issues. He is co-editor of the firm’s Trade Secrets & Employee Mobility Blog and he writes and speaks frequently, including lecturing on restrictive covenants and civil litigation. 

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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 our authoritative 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

  1. Restrictive covenants in healthcare: federal regulatory update
    1. FTC
    2. NLRB
    3. DOJ no-poach prosecutions
    4. Private litigation
    5. Possible impact of Loper Bright and a new administration
  2. Notable state laws
  3. 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?