The Federal Trade Commission’s approval this week of a final rule voiding and banning nearly all non-compete clauses raises several unanswered questions which are of particular interest to healthcare industry entities. These include whether the FTC will try to enforce the rule against tax-exempt entities, whether healthcare employers will be hesitant to enforce non-compete clauses

On January 5, 2023, the Federal Trade Commission (FTC) published a notice of proposed rulemaking (NPR) for a non-compete clause rule. The NPR, if approved as published, would ban as an unfair method of competition all non-compete clauses between an employer and workers in all industry sectors throughout the country. The NPR might also extend

Restrictive covenants are commonplace in the healthcare space. Doctors and hospitals routinely enter into non-compete and non-solicitation agreements in an effort to retain talent, among other reasons. However, in May of 2022 the New Jersey Assembly proposed legislation that may serve to significantly limit the scope of restrictive covenants, both within the healthcare space and