Noncompete agreements and restrictive covenants have increasingly become the subject of scrutiny, and within the healthcare sector the use of these agreements remains both highly controversial and highly litigated. Greenbaum attorneys Jessica M. Carroll and John Zen Jackson analyze these issues, including related activity on the legislative front and the potential impact of federal antitrust law, in the article “Physician Noncompetes May Get Federal Antitrust Treatment,” published by Law360 on September 20, 2022.  Read their analysis here.

Tags: Noncompete Agreements, Physician Noncompetes, Restrictive Covenants, Sherman Antitrust Act
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Photo of Jessica M. Carroll Jessica M. Carroll

Counsel, Employment Law, Healthcare and Litigation Departments

Ms. Carroll concentrates her practice in litigation, with an emphasis on representing healthcare providers at both the state and federal levels and within arbitration forums. Her experience encompasses serving as counsel for hospitals in medical staffing…

Counsel, Employment Law, Healthcare and Litigation Departments

Ms. Carroll concentrates her practice in litigation, with an emphasis on representing healthcare providers at both the state and federal levels and within arbitration forums. Her experience encompasses serving as counsel for hospitals in medical staffing and peer review disciplinary matters arising out of issues related to quality care and patient safety. She also provides risk management guidance on issues at the intersection of various state laws and medical licensing regulations, including the potential impact of physician medical staff disciplinary actions triggering the obligation to report to the National Practitioner Data Bank (NPDB).

Ms. Carroll’s work includes the representation of hospitals, physicians, physician practices, and pharmaceutical companies in matters related to restrictive covenants, breach of contract, violations of due process and fundamental fairness, defamation and trade libel claims, as well as matters related to professional licensure and credentialing. She also handles anti-competitive claims alleging violations of New Jersey’s Anti-Trust Act, the Sherman Anti-Trust Act, and the Lanham Act, in addition to employment related claims, including violations of the New Jersey Law Against Discrimination (NJLAD) and the Conscientious Employee Protection Act (CEPA).

Ms. Carroll counsels her clients on the most effective and economical legal strategies by evaluating liability and exposure against alleged damages. She handles a broad range of day-to-day tasks beginning at the inception of a matter, including orders to show cause, serving and responding to discovery, ensuring compliance with court-ordered deadlines, appearing and defending depositions, and retaining experts, through resolution by way of settlement, motion practice, or alternative dispute resolution.

Contact information:

jcarroll@greenbaumlaw.com | 973.577.1910 | vCard  | LinkedIn

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.

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Photo of John Zen Jackson John Zen Jackson

Of Counsel, Healthcare and Litigation Departments

Mr. Jackson’s healthcare practice emphasizes litigated matters in judicial and administrative forums, including professional liability claims, licensure and credentialing issues with administrative agencies and health care entities, reimbursement and insurance fraud disputes. He is Certified by the…

Of Counsel, Healthcare and Litigation Departments

Mr. Jackson’s healthcare practice emphasizes litigated matters in judicial and administrative forums, including professional liability claims, licensure and credentialing issues with administrative agencies and health care entities, reimbursement and insurance fraud disputes. He is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney and has extensive experience in trying jury cases to a verdict.

In addition to trying numerous individual medical liability cases for a variety of healthcare providers, Mr. Jackson was lead defense counsel for a group of New Jersey plastic surgeons sued in connection with the silicone gel breast implant litigation, and has been involved in a number of high-profile mass tort litigation programs for medical devices or healthcare products, including pedicle screws, diet drugs, and Rezulin.

Beyond trial advocacy, Mr. Jackson is an experienced appellate litigator. He served as defense counsel in the New Jersey Supreme Court cases limiting the liability of physicians for suspected exposure to the HIV-virus, and for alleged lack of informed consent regarding abortion procedures. Mr. Jackson has served as amicus counsel for the Medical Society of New Jersey, the American Medical Association, and the New Jersey Hospital Association in appellate matters before the New Jersey Supreme Court and Appellate Division. He has been involved in numerous reported opinions.

Mr. Jackson has handled a variety of commercial litigation issues as well as the defense of qui tam actions under the Federal False Claims Act and insurance coverage and insurance fraud cases. He has represented clients in professional licensure and hospital privilege disputes before state administrative bodies and hospital credentialing committees as well as judicial review through the New Jersey Supreme Court. He has additional experience as a hearing officer for hospital privilege disputes.

Mr. Jackson is the author of over 80 published articles in medical and legal publications on a broad range of healthcare, tort liability and trial technique topics. He has been a member of the Editorial Board of MDAdvisor, a peer-reviewed journal for the New Jersey medical community, since its inception in 2007.

Contact information:

jjackson@greenbaumlaw.com | 732.476.3336 | vCard

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.

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