In The News

JDC.jpgThe 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. 

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DEB.jpgSecured Creditor Allowed to Retain $80,000 Windfall in Receivership Sale Where Settlement Agent Failed to Pay Priority Real Estate Taxes

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. 

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RCFP AnniversaryLogo Final 01"No one can quote something you didn't say": A dedication to Governor Roberts in honor of RCFP's 45th Anniversary

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. 

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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.

 

The proposed changes to the Rhode Island Department of Health’s Rules and Regulations for the Licensure and Discipline of Physicians range from stylistic to substantive.  This article will explore some of the more important changes in the rules.  A full copy of the proposed rules can be found here.  
Perhaps the most important proposed change to the regulations relates to license renewal fees.  The Department of Health has added a new rule providing for reduced fees for license renewal under certain circumstances.  Under the proposed rules a physician will be eligible for a reduced fee if he/she has met the following requirements:
Successful completion of the Physician Professional Education Program for the current renewal cycle, as established by the Director; and
(i) For the renewal period ending 30 June 2013, documentation of successful completion of the Physician Professional Education Program for the renewal cycle is filed with the Board before 1 May 2014;  
(ii) For renewal periods ending 30 June 2016 and later, documentation of successful completion of the Physician Professional Education Program for the current renewal cycle is filed with the Board before the first (1st) day of April of each even-numbered year; and
Payment is received on or before the first (1st) day of July of each even-numbered year.

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”