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New Mexico has passed a new law that limits physician non-compete agreements. Although the law places some limitations on restrictive covenants for doctors, it is not an outright ban of such restrictions (of the sort found in several states like Alabama or Massachusetts). Under the new law, employee physician non-compete agreements are banned. If an … Continue reading
A recent case out of the Louisiana Court of Appeal reminds us that some states will enforce physician non-compete agreements, even in the absence of a clear protectable interest and even where such enforcement threatens harm to the public. But the case does more than that: It forces us to take a hard look at … Continue reading
A recent case out of the Northern District of Texas and the Fifth Circuit Court of Appeals touches upon the intersection of non-compete agreements and ERISA plans. From 1998 until his resignation in 2010, George Wall worked for Alcon Laboratories, a major pharmaceutical company. In the years leading up to Wall’s resignation, Alcon was in … Continue reading
Call it a trend. These days, non-compete litigation is everywhere: All across the country and in every industry imaginable. Some industries generate more non-compete litigation than others. And perhaps no industry has more non-compete litigation than the healthcare industry. In any field that is remotely connected to healthcare or medicine, you will find widespread use … Continue reading
Fort Lauderdale-based MAKO Surgical Corporation has filed a lawsuit against a former employee, Jeffrey Gellman, and his new company, Blue Belt Technologies, Inc., alleging the parties conspired to steal MAKO’s confidential information and clients. MAKO is a company that is principally engaged in the design, manufacture and sale of robotic surgical systems. These systems use … Continue reading
Last week, the Texas Court of Appeals affirmed a trial court order finding a physician non-compete agreement unenforceable as against public policy. Although Texas has no outright ban on physician non-compete agreements (like Massachusetts or Alabama), the decision suggests that Texas courts may be willing to invalidate physician non-compete agreements where there is evidence of … Continue reading
A recent North Carolina non-compete case has pitted one of the nation’s largest allergy clinics against one of North Carolina’s most respected physicians. Earlier this month, Charlotte-based Carolina Asthma and Allergy Center (CAAC) filed a lawsuit against one of its former doctors, Dr. Maeve O’Connor. Dr. O’Connor has joined the practice back in 2003 and … Continue reading
Recent developments in Pennsylvania provide yet another compelling example of why non-compete agreements in the healthcare sector should be void as against public policy. In late December, five obstetricians who were affiliated with the University of Pittsburgh Medical Center (UPMC) gave notice that they intended to leave the system to go work for rival Highmark … Continue reading
Last week, the Federal Trade Commission issued a final decision approving a consent order that will invalidate the non-compete agreements of ten cardiologists who are terminating their employment with Renown Health in Reno, Nevada. The move has been expected since late this summer, when the parties reached a tentative agreement on the matter. The situation … Continue reading
Interesting non-compete news out of Weymouth, Massachusetts (a small city about twenty miles south of Boston). Back in September 2009, a Boston-area dentist Gerald Maher sold his practice to a newly formed company called Dental Wellness. As part of the transaction, Maher agreed (1) to refrain from practicing dentistry within a 15-mile radius of Dental … Continue reading
the non-compete blog 