The end of non-compete clauses for physicians?
Two bills currently pending before the state legislature—Bill No. S.2578 in the Senate and Bill No. H.7586 in the House—would void non-compete clauses and other restrictive covenants in contracts between physicians and their employers. Although it is unclear whether these bills will pass, it appears that Rhode Island law is moving in the direction of declaring non-compete clauses in physician agreements with their employers unenforceable. In a recent decision, Justice Silverstein of the Rhode Island Superior Court refused to enforce a non-competition clause in a physician contract on public policy grounds.
Assume that you are a lender with a mortgage on commercial property in Rhode Island. The property is now under the custody of a court-appointed receiver, who is looking to quickly liquidate it. Eventually, a buyer is found and a closing is imminent. The property is “under water.” Even in the best-case scenario, you expect to write off a substantial portion of the loan. However, due to an oversight on the part of the settlement agent in failing to pay certain real estate taxes, you receive an extra $80,000 in sale proceeds. Would you expect to be able to keep this windfall? A recent decision of the Rhode Island Supreme Court suggests that you would.
In 1971, the firms of Roberts & McMahon and Willey & Feldstein merged, creating Roberts & Willey. The firm would ultimately evolve into Roberts, Carroll, Feldstein & Peirce. Former Rhode Island Governor and long-time Mayor of Providence, Dennis J. Roberts, was a driving force behind the growth of RCFP. Despite his death in 1994, Governor Roberts’ influence on the firm’s culture and ethos continues. Lessons taught by Governor Roberts are passed on to each new member of the firm. In celebration of Governor Roberts, this article describes his life and legacy.
Roberts, Carroll, Feldstein & Peirce is a full service law firm founded in 1971. The firm’s continued success and growth are attributable to a philosophy of exceeding clients’ expectations and earning their long-term loyalty by offering practical legal solutions with proven business acumen for a reasonable fee.
Public Hearing Draft, Rules and Regulations for the Licensure and Discipline for Physicians, page 9 (emphasis added). Pursuant to the proposed Rules and Regulations Pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health the standard renewal fee will be $1090 and a renewal with “Approved Training,” as outlined above, will be $870. See Public Hearing Draft Rules and Regulations Pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health, Page A-13. The proposed rules also eliminate the “Emeritus Renewal”