NOTE: Chapman Law Group DOES NOT represent licensed healthcare professionals in employment law matters such as Family Medical Leave Act (FMLA), retaliation/wrongful discharge, workplace harassment, wage/hour, employment discrimination, and Americans with Disabilities Act (ADA). These are matters for which we recommend you contact a labor and employment law attorney.
Because technology makes it simple to copy and disseminate large volumes of information electronically, businesses today — including healthcare entities, medical device manufacturers, and pharmaceutical compounding firms — have more reason than ever to protect their trade secrets and their confidential information, including customer lists and other strategic data and practices. As a result, confidentiality agreements are common both in employment contracts and in situations where two business entities are working together.
Sometimes confidentiality agreements appear as a single clause within a contract. Other times, they are separate contracts in and of themselves. Though common, the terms of confidentiality agreements vary greatly.
Unfortunately, many individuals and businesses, such as healthcare providers and medical practices, do not truly understand the importance of these agreements — and the importance of the definitions used in them — until there is a contractual dispute.
A well-drafted confidentiality agreement is key in order to avoid unnecessary litigation and to ensure both parties to a contract have an understanding of the expectations and limitations involved in utilizing confidential information. The best approach is for both parties to have experienced healthcare-based business counsel involved before the signing of the contract.
One of the party’s attorneys will be responsible for drafting the proposed contract. The other party’s attorney then will analyze the proposed contract from his or her client’s perspective and will suggest changes to the contract that will make it more favorable for that party. Once the terms and definitions are satisfactory to both parties, they can enter into a meaningful agreement and hopefully enjoy a long-lasting and cordial healthcare business relationship.
Sometimes contractual disputes arise despite the party’s best efforts. In those situations, it is critical to retain experienced healthcare business and contract attorneys. When faced with litigation or arbitration, your attorney will explain to you what the claims are, how strong your position is, and the different strategies for approaching the problem. Your attorney will present you with various options that will allow you to make decisions based upon your individualized situation and needs.
The healthcare-based business attorneys at Chapman Law Group have years of experience in reviewing and interpreting confidentiality agreements and clauses for healthcare practices and licensed healthcare professionals. We are familiar with the applicable legal standards for interpreting contractual provisions under state law. We will draft or analyze your confidentiality agreement a timely and thorough manner considering all of the latest legal developments. And we will answer all of your questions and equip you with all of the information you need to make the right decisions for your situation.
At Chapman Law Group, we have worked with many doctors’ offices, pain care management firms, regulated facilities, dentist and ophthalmologist practices, and other health care practitioners on their contract-related matters. With four national offices — Detroit; Miami; Sarasota, Florida; and Los Angeles/Southern California — we’re here to help with confidentiality matters on your healthcare employment contracts.
REMINDER: The attorneys at Chapman Law Group DO NOT represent licensed health care professionals for standard employment law matters such as retaliation/wrongful discharge, workplace harassment, Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), employment discrimination, and wage/hour disputes. If your case involves any of these, you will need to contact a different attorney or law firm whose focus is solely on employment.