Medical group leaders: the FTC may have buried its noncompete ban, but it’s sharpening its knives. Your contracts are now targets. Don’t wait to be caught off guard—rethink your agreements now. Tailor them to your market, protect your referral streams, and stay out of the FTC’s crosshairs. Strategic action isn’t optional—it’s survival.
FTC ditches a full non-compete ban, but healthcare employers still face targeted crackdowns. Physician groups, take note.
The volleys in this battle move slowly–think pendulum as opposed to ping-pong. And right now, despite the appeal, the pendulum is still on the side of “state law controls”.
There’s a good chance that you can accomplish some or all of what a covenant not to compete addresses, even if the “law” says you can’t.
Despite the fact that some states have strong prohibitions against the enforcement of non-competes, there are still ways to create agreements functioning as proxies for non-competes.
Adopting a purely defensive position can never advance your or your medical group’s future.
Whether one chooses to see it as a pretext or as a context, the FTC maintains that non-competes are a form of unfair competition…
Adopting a purely defensive position can never advance your or your medical group’s future.
A seemingly unrelated Delaware case from the world of corporate mergers reminded me of that sorry story, one that’s played out several times for clients over the past decade, one that never ends well for Dr. Quisling.
Try staying ahead of the curve rather than subscribing to the status quo of best practices.