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FTC Issues Final Rule Banning Non-Compete Clauses: Questions for the Healthcare Industry

By Thomas C. Senter on April 26, 2024
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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 against employed physicians should the rule survive legal challenges, and whether existing agreements with C-suite and other senior hospital and health system executives containing non-compete clauses, (which are outside the scope of the FTC’s rule) will become subject to the rule if they are amended, and should the rule become effective. Learn more about the FTC’s final rule and its potential impacts in our just-published client alert from Greenbaum partner Thomas C. Senter.

Photo of Thomas C. Senter Thomas C. Senter

Partner

Tom brings broad-based expertise to his representation of clients in the related areas of employee benefits, executive compensation, ERISA, taxation and employment law. He provides sophisticated counsel to middle market publicly and privately held business owners and employers, senior and C-suite executives…

Partner

Tom brings broad-based expertise to his representation of clients in the related areas of employee benefits, executive compensation, ERISA, taxation and employment law. He provides sophisticated counsel to middle market publicly and privately held business owners and employers, senior and C-suite executives, Boards of Directors and Board Committees. He also works closely with finance and human resources executives and external professional advisors and is often engaged by high-level business executives to advise on their personal legal requirements.

Tom provides expertise in the negotiation, structuring and drafting of executive employment and separation agreements. He is deeply experienced in equity and incentive non-equity based qualified and non-qualified retirement and compensation plans, ERISA Title I fiduciary issues, stock option and deferred compensation arrangements, plan distribution, qualification and administration issues, Qualified Domestic Relations Orders (QDROs), and employee health and welfare plans. His practice also includes the drafting of employee handbooks and other employment-related policies.

He advises clients on compliance with Sections 83, 409A and 280G of the Internal Revenue Code, the Affordable Care Act, HIPAA, and COBRA, and represents clients in negotiations related to benefit issues and corrective actions with the Internal Revenue Services, the U.S. Department of Labor, and the Pension Benefit Guaranty Corporation.

Tom also works closely with other attorneys in the firm on business transactions and sophisticated estate planning matters.

Results may vary depending on your particular facts and legal circumstances.

Contact information:

tsenter@greenbaumlaw.com | 732.476.2650 | vCard

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.

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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Healthcare Perspectives
  • Organization:
    Greenbaum, Rowe, Smith & Davis LLP
  • Article: View Original Source

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