Happy New Year and welcome to our 2024 Trade Secret and Restrictive Covenant Year in Review. 2024 was less stressful and dramatic than most people feared at the start of the year, but there still were some significant rulings...more
1/22/2025
/ Centers for Medicare & Medicaid Services (CMS) ,
Contract Terms ,
Dialysis ,
Dialysis Providers ,
Final Rules ,
Non-Compete Agreements ,
Physician Fee Schedule ,
Private Equity ,
Regulatory Reform ,
Restrictive Covenants ,
Trade Secrets
Appellate court ruling widens scope of NY fee-splitting law to include earnouts -
The decision overturned a lower court ruling relating to the sale of part of a dental practice in 2015. The plaintiff agreed to sell...more
9/24/2024
/ Asset Purchase Agreements ,
Centers for Medicare & Medicaid Services (CMS) ,
Certification Requirements ,
Consent ,
Corporate Practice of Dentistry ,
Earn-Outs ,
ESRD ,
Federal Trade Commission (FTC) ,
Fee-Splitting ,
Health Care Providers ,
Non-Compete Agreements ,
Private Equity
As value-based care (VBC) models continue to grow across our nation’s health system and specifically within different specialties like nephrology, the costs and challenges of maintaining these models continue to rise. In...more
8/13/2024
/ Antitrust Investigations ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Kickbacks ,
Non-Compete Agreements ,
Organ Transplant Centers ,
Physician Fee Schedule ,
Private Equity ,
Spinoffs ,
Value-Based Care ,
Whistleblowers
FTC Investigates Major Dialysis Providers Over Anticompetitive Practices -
The Federal Trade Commission (FTC) is investigating DaVita and Fresenius Medical Care, the largest U.S. dialysis providers, for potentially using...more
7/16/2024
/ Anti-Competitive ,
Antitrust Violations ,
Congressional Committees ,
Dialysis Providers ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Health Care Providers ,
Medicare ,
Non-Compete Agreements ,
Organ Donation ,
Physicians
The future of non-competition agreements remains volatile. Recent actions by the FTC and several states threaten to limit, or even outright ban, these agreements. Such an evolving regulatory landscape requires employers to...more
FTC final rule banning noncompetes grandfathers existing agreements for senior execs -
The FTC voted 3-2 in favor of the final rule, which bans noncompete clauses in employee contracts in most cases. While the rule would...more
NY non-compete ban still receiving pushback as Governor waits to sign off -
While NY Governor Kathy Hochul waits to sign off on one of the country’s toughest bans on non-compete agreements, many lobby groups from the...more
8/7/2023
/ Business Model ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
ESRD ,
Healthcare Facilities ,
Medicare ,
Non-Compete Agreements ,
Organ Donation ,
Organ Transplant Centers ,
Spinoffs
Non-competition agreements are currently in a volatile state, and the future of their enforceability has been called into question by the current administration, and several state legislatures enacting limitations (and in...more
Valuations, and how a business reacts to them, directly impact a business’s ability to complete successful transactions. In the healthcare sector, compliance with federal and state laws against self-referral and kickbacks and...more
6/23/2023
/ Business Valuations ,
Corporate Practice of Medicine ,
Debt Ceiling ,
Dialysis Providers ,
Health Care Providers ,
Hospitals ,
Investors ,
Joint Venture ,
Kickbacks ,
Non-Compete Agreements ,
Outpatient Services ,
Physicians ,
Private Equity ,
Private Equity Firms ,
Self-Referral ,
Valuation ,
Value-Based Care
Benesch: MN ban on non-compete agreements includes carveout for business sale, dissolution -
Benesch Law notes the bill only awaits the signature of MN’s Governor and could become law as early as July 1. It would prevent...more
6/9/2023
/ Capital Raising ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
ESRD ,
Fraud ,
Healthcare Facilities ,
Medicare ,
No-Poaching ,
Non-Compete Agreements ,
Organ Donation ,
Organ Transplant Centers ,
Private Equity ,
Proposed Legislation ,
Spinoffs
Benesch reviews state, federal modifications to restrictive covenant laws -
In a “Year-End Review,” Benesch points out there was considerable activity in trade secret and restrictive covenant law in 2021. Some of the...more
1/12/2022
/ American Medical Association ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Contract Terms ,
Dialysis Providers ,
Employment Contract ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Hospitals ,
Medical Research ,
Non-Compete Agreements ,
Organ Transplant Centers ,
Physicians ,
Restrictive Covenants ,
State and Local Government ,
Surprise Medical Bills