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

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.

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 Loper Bright decision and the incoming 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.