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”.
Competition From Within
The Better Way For Medical Groups To Look At Covenants Not To Compete
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.
You Need to Know What the Order Striking the FTC’s Ban on Non-Competes Means for You
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.
Why Trying to Protect Your Group’s Position Is Destroying Your Future – Podcast
Adopting a purely defensive position can never advance your or your medical group’s future.
FTC Proposes to Ban Worker Noncompetes
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…
Fiduciary Duties, Errant Partners, and Third-Party Liability.
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.
Covenants Not to Compete and Alternatives
Covenants not to compete are not inherently bad. It’s just the laws of some states that make them so. In other words, it’s an issue of policy. The purpose of covenants not to compete is, of course, to broadly protect your group’s business. But even if your group practices in a state that will not…
The Chicken or the Egg?
Steve Jobs famously believed public demand wasn’t important in terms of identifying the market for new products. Instead, what Jobs envisioned the public would want wasn’t even on the public’s radar. On the other hand, the famous marketing expert Gary Halbert held, using a restaurant as an example, that the most important element in the…