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Healthcare Noncompete and No-Poach Agreements: Navigating Evolving Federal Regulations and Rapidly Changing State Laws

Potential Impact of Loper Bright and the New Administration

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, January 15, 2025

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, December 20, 2024

or call 1-800-926-7926

This CLE course will guide healthcare counsel on noncompete agreements and other restrictive covenants in healthcare. The panel will provide an update on current federal regulation and evolving state laws for the use of noncompete and no-poach agreements in the healthcare industry taking into account the recent Loper Bright decision and new presidential administration. The panel will also examine the state of the DOJ's no-poach prosecutions and the potential for private litigation. The panel will offer best practices for navigating noncompete and no-poach agreements in healthcare in a rapidly evolving regulatory environment.

Description

Many life sciences companies and other healthcare providers have encountered noncompete, no-poach, and other restrictive covenant agreements. These agreements are often a condition of employment or are used to prevent unfair competition and protect employers' trade secrets and customer relationships.

In recent years under the Biden administration, the FTC and NLRB have taken strong stances limiting the use of noncompete and no-poach agreements. And the DOJ has pursued no-poach prosecutions. However, this may all be impacted by the advent of the Loper Bright decision and a new presidential administration.

In addition to federal regulation, the healthcare industry must also consider state laws regulating the use of restrictive covenants. In recent years, an increasing number of states have introduced and/or enacted legislation related to noncompetes, many of them focused on the healthcare industry in one way or another.

Listen as our authoritative panel discusses the current status of federal regulation of noncompete and no-poach agreements and possible state law interaction. The panel will also examine how this area may evolve and offer best practices for navigating noncompete and no-poach agreements in healthcare.

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Outline

  1. Restrictive covenants in healthcare: federal regulatory update
    1. FTC
    2. NLRB
    3. Notable state laws
    4. DOJ no-poach prosecutions
    5. Private litigation
  2. Possible impact of Loper Bright and a new administration
  3. Best practices for noncompete and no-poach agreements in healthcare

Benefits

The panel will review these and other issues:

  • What is the current state of federal noncompete regulation? How may this be impacted by the Loper Bright decision and a new administration?
  • How are state laws changing generally and as they apply in the healthcare industry?
  • What is the status of the DOJ's criminal no-poach prosecutions?
  • How can the healthcare industry properly implement restrictive covenants while complying with rapidly changing state and federal laws and administrative guidance?

Faculty

Slavkin, Robert
Robert E. Slavkin

Chair, Healthcare Practice Group
Akerman

A former healthcare corporate counsel, compliance, and privacy officer for a publicly traded healthcare company, Mr....  |  Read More

Additional faculty
to be announced.
Attend on January 15

Early Discount (through 12/20/24)

Cannot Attend January 15?

Early Discount (through 12/20/24)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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