Episode 387 - Steven Adler - Noncompete and Restrictive Covenants

SummaryIn 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.TakeawaysNon-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.