Non-Compete Agreements in Healthcare

Devicor, Major Player in Medical Device Industry, Loses Non-Compete Case Against Former Employee

Devicor Medical Products, a major player in the medical device industry, has lost its bid to prevent a former employee from working for Hologic, a company with divisions that compete against Devicor in the breast biopsy product market. In June 2005, Keith Reed began work as a sales representative for Ethicon Endo-Surgery, Devicor’s predecessor.  In … Continue reading →

Non-Compete Fight in the World of Surgical Robotics: MAKO Surgical Sues Competitor, Former Employee

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 →

Texas Court of Appeals Strikes Down Cardiologist Non-Compete Agreement on Public Interest Grounds

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 →

Prominent North Carolina Doctor Wins First Round of Non-Compete Fight

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 →

Expecting Mothers Are Latest Victims of Physician Non-Compete Agreements

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 →

FTC Steps In, Invalidates Certain Physician Non-Compete Agreements In Nevada

In what may be a one-off move, or a harbinger of things to come, the FTC has stepped into a non-compete dispute in Nevada and ordered that certain cardiologists be exempt from their non-compete agreements. The situation arose out of Renown Health’s acquisition of competitors Reno Heart Physicians and Sierra Nevada Cardiology Associates.  Upon acquiring … Continue reading →

Maryland lawmakers considering important changes to state’s non-compete laws (hat tip to Seyfarth Shaw)