Disputes between health care professionals in a small community like Delaware are particularly well-suited for mediation. The process provides a means for sophisticated litigants to resolve their disputes in private without having to air their “dirty laundry” on the town square. The Morris James Health Care
Team routinely urges our clients to participate in mediation in the hopes of avoiding trial. Mediation works. But it can be an exhausting process. At the end of a long mediation that results in settlement, the natural inclination of the parties is to shake hands (or not) and go home with the understanding that the settlement documents will be drafted on another day. Once upon a time a handshake was all that was required to seal a deal. The Chancery Court’s recent decision in United Health Alliance, LLC v. United Medical, LLC,
however, is a cautionary tale about going home without a signed agreement. After a brief discussion of this recent Delaware court decision you will find the top 5 takeaways for navigating and avoiding, or successfully mediating, healthcare related disputes. More ›
As reported by the News Journal, Astra Zeneca is pulling over 1,000 jobs out of Delaware and demolishing its labs on Route 202. Here is a quick hit from the Morris James Healthcare Industry Team on the issues this raises for Delaware’s healthcare industry. Intellectual Property: "Astra Zeneca's business decision demonstrates the impact of federal patent law at the local level. Expiration of many of Astra Zeneca's current drug patents and fewer new drugs in the pipeline that are patent eligible is likely a driver in the business thinking here." Kenneth L. Dorsney, Esq. Intellectual Property More ›
Posted In Business Law, Health Care
Thinking of bringing a new doctor into an existing practice or joining one? Physician groups sometimes believe in error that Delaware law prevents enforcement of post-employment restriction agreements to protect a practice’s substantial investment in advertising and patient introductions for that new physician. An individual physician may assume that such an agreement could be safely ignored down the line. However, Delaware Courts will enforce a carefully drafted agreement that follows strict guidelines.
Delaware law does not permit a court to order the physician to quit practicing in a way that competes with a former employer or partner. Rather, it limits enforcement of physician non-compete agreements to those that after termination require payment of damages related to competition due to the physician opening a new practice. More ›