Noncompetes Hold Atty Privilege Pitfalls for Health Industry

Healthcare Litigation attorney Scott O'Connell published an article for Law360 discussing restrictive covenants in employment agreements for healthcare providers. Mr. O'Connell notes that while noncompete agreements are under scrutiny, they remain enforceable in some situations. In the article, he warns that negotiating new contracts with providers bound by restrictive covenants can put the attorney-client privilege at risk if the providers breach fiduciary duties to their current employers. Communications in furtherance of such wrongful conduct may not be protected by privilege under the crime-fraud exception.

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