1-Hour Program

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Last January, the Federal Trade Commission proposed a new rule that would ban noncompete clauses in a wide variety of circumstances. The use of such restrictive covenants has expanded considerably in the past two decades.  To balance public and private interests, states and courts have taken a range of approaches; this proposed rule would reduce the variation across geographies and jurisdictions.

Physicians, as a group, would considerably benefit from such a ban, while health systems and private equity investors would be greatly disadvantaged, especially those whose investments were predicated on the continued enforceability of noncompete covenants.  This Briefing will provide an overview of these and related issues for “both sides.” Topics to be addressed include:

  • Background on noncompete covenants in healthcare transactions – 10 minutes
  • Overview of the proposed FTC rule – 10 minutes
  • Strategic and financial considerations of a noncompete ban – 15 minutes
  • Anticipatory legal strategies – 15 minutes  
  • Expected challenges and response – 10 minutes



Program Level: Overview

Prerequisites: None

Advanced Preparation: None



Curt V. Germany

Weaver and Tidwell, L.L.P.


Adam J. Klein

Weaver and Tidwell, L.L.P.


Sean McKenna

Spencer Fane, LLP


Sara Naylor

Spencer Fane, LLP


Credit Details

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