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Health Care M&A Transactions: Securing Key Employees with Restrictive Covenants

Our colleagues Erik Weibust, Carter DeLorme, and Philip Antablin co-authored an article in AHLA’s Health Law Connections, titled “Securing Key Employees in Health Care M&A Transactions with Restrictive Covenants.” (Read the full version – subscription required.) 

Following is an excerpt (see below to download the full version in PDF format):

Like the vastness and diversity of the industry itself (and ostensibly because of it), mergers and acquisitions (M&A transactions) in the health care industry take many forms and vary widely in size and complexity. From multi-billion-dollar mergers of pharmaceutical giants to the acquisition of a physician group by a larger group or a private equity firm, there are myriad iterations. The most prudent buyer will focus on transfer of intellectual property, records, technology, equipment, real estate, and integrating workforces and benefit plans. But an important issue that is often overlooked is securing key employees post-closing. This is particularly true in a human capital-intensive industry like health care.

Read the full article in PDF format: “Securing Key Employees in Health Care M&A Transactions with Restrictive Covenants”