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December 2022    Volume 3 Issue 12
Health Law Connections

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

  • December 01, 2022
  • Eric W. Weibust , Epstein Becker & Green PC
  • M. Carter DeLorme , Epstein Becker & Green PC
Securing Key Employees

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.

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