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Episode 387 - Steven Adler - Noncompete and Restrictive Covenants

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Manage episode 515926486 series 3341054
Content provided by Sean M. Weiss. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Sean M. Weiss or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

Summary

In this episode of The Compliance Guy podcast, Sean M Weiss interviews Steven Adler, co-chair of litigation at Mandelbaum Barrett PC, focusing on non-compete agreements and restrictive covenants in healthcare. They discuss the complexities of these agreements, the rights of patients, and the implications of a recent case involving Dr. Timothy Vogel, a pediatric neurosurgeon. The conversation highlights the importance of legal counsel in navigating employment agreements and the enforceability of non-compete clauses.

Takeaways

  • Non-competes are often negotiated and rarely go to trial.
  • Restrictive covenants can include non-solicitation and confidentiality clauses.
  • Patients have the right to choose their treating physician, even if a non-compete exists.
  • Courts generally respect the doctor-patient relationship in these cases.
  • The enforceability of non-compete agreements varies by state and circumstance.
  • Legal counsel is crucial when signing employment agreements in healthcare.
  • Many physicians mistakenly believe non-compete agreements are unenforceable.
  • The geographic scope of non-compete agreements must be reasonable.
  • Blue penciling allows courts to modify overly broad agreements.
  • The credibility of witnesses can significantly impact trial outcomes.

  continue reading

390 episodes

Artwork
iconShare
 
Manage episode 515926486 series 3341054
Content provided by Sean M. Weiss. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Sean M. Weiss or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

Summary

In this episode of The Compliance Guy podcast, Sean M Weiss interviews Steven Adler, co-chair of litigation at Mandelbaum Barrett PC, focusing on non-compete agreements and restrictive covenants in healthcare. They discuss the complexities of these agreements, the rights of patients, and the implications of a recent case involving Dr. Timothy Vogel, a pediatric neurosurgeon. The conversation highlights the importance of legal counsel in navigating employment agreements and the enforceability of non-compete clauses.

Takeaways

  • Non-competes are often negotiated and rarely go to trial.
  • Restrictive covenants can include non-solicitation and confidentiality clauses.
  • Patients have the right to choose their treating physician, even if a non-compete exists.
  • Courts generally respect the doctor-patient relationship in these cases.
  • The enforceability of non-compete agreements varies by state and circumstance.
  • Legal counsel is crucial when signing employment agreements in healthcare.
  • Many physicians mistakenly believe non-compete agreements are unenforceable.
  • The geographic scope of non-compete agreements must be reasonable.
  • Blue penciling allows courts to modify overly broad agreements.
  • The credibility of witnesses can significantly impact trial outcomes.

  continue reading

390 episodes

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