Valuing Covenants Not To Compete in Healthcare
Part 10 of BVR's 2014 Online Symposium on Healthcare Valuation
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Though not uncommon in healthcare transactions, non-compete clauses can exacerbate the already difficult task of analyzing the incomes of professional staff. In Part 10 of BVR's Online Symposium on Healthcare Valuation, expert Jason Ruchaber addresses how covenants not to compete are created and what this means for their valuation.
- Conceptual background on non-competes (what they restrict, etc.)
- States the prevent non-competes
- Acquisition vs. employment
- Professional vs. physician owned business
- Overview of valuation concepts and issues pertaining to non-competes
- Revenue rulings
- Tax implications
- Personal goodwill
- Going concern vs. assemblage of assets
- FMV vs. fair value
- Bradford case
- Valuation approaches
- With and without approach
- Alternative methods
- Recommendations and pitfalls
- Define the structure and implementation of non-competes
- Identify the valuation concepts and issues that pertain to non-competes
- Associate the appropriate implementation of common valuation approaches with non-competes
- Identify measures that can be taken to avoid common valuation errors with non-competes
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