Episode 387 - Steven Adler - Noncompete and Restrictive Covenants
Update: 2025-10-27
Description
Summary
In 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.
Takeaways
- Non-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.
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