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Strategic Planning in the Face of Continued Uncertainty

During the first nine months of 2017, we have provided counsel across a broad spectrum of Physician practices, including specialties such as Orthopaedic Surgery, Radiology, Oncology, Pathology, Obstetrics & Gynecology, Pediatrics and Nephrology.  In addition to issues relating to internal operation (e.g., compensation structure, ownership, tax efficiency, management structure, etc.) and the ever-present regulatory compliance, there has been a pronounced emphasis on proactively addressing the concerns of our medical practice clients surrounding an uncertain future under a broken healthcare system.  This, of course, comes as no surprise in today’s environment, which in that same 9-month period saw multiple proposals and continued debate – along with a heavy dose of partisan rhetoric – all in the name of fixing an enormous healthcare system riddled with problems that transcend sound political ideology. More ›

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Creating Valid Post-Employment Restrictions for Physicians in Delaware: Yes You Can!

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 › Share

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