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S1 Ep44: Noncompete clauses with Emma Schuering, JD
Manage episode 450771376 series 3594852
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Medical Economics Managing Editor Todd Shryock and attorney Emma Schuering, of the Polsinelli law firm discuss non-compete agreements in health care.
Music Credits: Lofi Chillout Hip Hop Beat by Joystock - stock.adobe.com Relaxing Lounge by Classy Call me Man - stock.adobe.com COCKTAIL by Mythical Audio - stock.adobe.com
Editor's note: Episode timestamps and transcript produced using AI tools.
Introduction to Non-Compete Agreements (00:00:14) Introduction to the episode and the guests discussing non-compete agreements in healthcare.
Current Legal Landscape (00:01:06) Emma Schuering explains the ongoing uncertainty about non-compete agreements following the FTC's rule and legal challenges.
Elements of Non-Compete Agreements (00:03:19) Discussion of the typical components of non-compete agreements, including restrictions on employment and geographic limitations.
Public Policy Considerations (00:04:26) Emma highlights the strong public policy against restricting physicians from treating patients of their choice.
State Law Variations (00:05:38) Overview of how enforceability of non-compete agreements varies by state, including buyout clauses.
Alternatives to Non-Competes (00:08:36) Exploration of legal mechanisms that protect practices without limiting physicians' employment opportunities.
Risks of Hiring Physicians with Non-Competes (00:13:25) Discussion on the potential liability for practices hiring physicians with existing non-compete agreements.
Consequences of Termination (00:15:36) Explanation of the legal complications that arise if a physician is fired due to a non-compete issue.
Enforcement of Non-Solicitation Agreements (00:17:41) Details on the process and recourse for practices when a former employee violates a non-solicitation agreement.
Implementing Non-Compete Agreements (00:22:44) Advice for practice owners on assessing the need for non-compete agreements and understanding applicable laws.
The Future of Non-Compete Agreements (00:26:17) Discussion on the trend of banning non-compete agreements and preparing for a world without them.
Planning for Change (00:27:39) Importance of proactive planning for healthcare practices regarding non-compete agreements and future regulations.
Closing Remarks (00:28:13) Concluding thoughts and gratitude from the host and guest, emphasizing the conversation's significance.
Subscription Information (00:28:34) Encouragement to subscribe to the podcast and the Medical Economics newsletter for more insights.
Music Credits: Lofi Chillout Hip Hop Beat by Joystock - stock.adobe.com Relaxing Lounge by Classy Call me Man - stock.adobe.com COCKTAIL by Mythical Audio - stock.adobe.com
Editor's note: Episode timestamps and transcript produced using AI tools.
Introduction to Non-Compete Agreements (00:00:14) Introduction to the episode and the guests discussing non-compete agreements in healthcare.
Current Legal Landscape (00:01:06) Emma Schuering explains the ongoing uncertainty about non-compete agreements following the FTC's rule and legal challenges.
Elements of Non-Compete Agreements (00:03:19) Discussion of the typical components of non-compete agreements, including restrictions on employment and geographic limitations.
Public Policy Considerations (00:04:26) Emma highlights the strong public policy against restricting physicians from treating patients of their choice.
State Law Variations (00:05:38) Overview of how enforceability of non-compete agreements varies by state, including buyout clauses.
Alternatives to Non-Competes (00:08:36) Exploration of legal mechanisms that protect practices without limiting physicians' employment opportunities.
Risks of Hiring Physicians with Non-Competes (00:13:25) Discussion on the potential liability for practices hiring physicians with existing non-compete agreements.
Consequences of Termination (00:15:36) Explanation of the legal complications that arise if a physician is fired due to a non-compete issue.
Enforcement of Non-Solicitation Agreements (00:17:41) Details on the process and recourse for practices when a former employee violates a non-solicitation agreement.
Implementing Non-Compete Agreements (00:22:44) Advice for practice owners on assessing the need for non-compete agreements and understanding applicable laws.
The Future of Non-Compete Agreements (00:26:17) Discussion on the trend of banning non-compete agreements and preparing for a world without them.
Planning for Change (00:27:39) Importance of proactive planning for healthcare practices regarding non-compete agreements and future regulations.
Closing Remarks (00:28:13) Concluding thoughts and gratitude from the host and guest, emphasizing the conversation's significance.
Subscription Information (00:28:34) Encouragement to subscribe to the podcast and the Medical Economics newsletter for more insights.
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