Episode 387 - Steven Adler - Noncompete and Restrictive Covenants

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.