Going Beyond the First Impression: What we think the Non-Compete Ban really means for Healthcare Private Equity. -- Implications for Equity Terms in Deal Documents. The FTC's 550+ pages of commentary gives important context that you'll miss if you only read the text of the FTC's Final Rule. Careful attention must be given when drafting drag, repurchase, vesting and clawback provisions so that they are not later mischaracterized as terms of employment. -- Refreshed Focus on First-Line Tools for Retention. For physician practices and physician practice management (PPM) companies, the non-compete in the employment agreement was important, but it was never supposed to be the first line of defense for physician retention. We have 20+ years of experience and innovation at our disposal. It's time to reemphasize those tools. -- Other Tools Still in Play: Non-Solicits, Fixed Duration Contracts, Etc. We already have new ideas for how PPMs can compete for physicians without relying on post-employment covenants. The time for innovation is now. Uncertainty can be an opportunity for growth for the best-in-class. -- This Rule has already been challenged and no one knows for sure what the law will be when the dust settles. #Healthcare #PrivateEquity #noncompete https://lnkd.in/g_hyX2zB
Absolutely, focusing on innovation and retention tools is key in this evolving landscape! What are your thoughts on adapting to these changes creatively?
Thank you so much for providing this David G. Marks!
I Help Immigrant Doctors Accelerate To Financial Freedom Through Passive Investment Opportunities | Host 'The Immigrant Doctor Podcast'
3moUnderstanding the Non-Compete Ban is like dissecting a complex puzzle in healthcare equity. Exciting solutions ahead.