Constangy on Physician Covenants Not to Compete

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Faced with a non-compete agreement for a doctor, nurse, dentist, veterinarian, physical therapist, or other health care provider*?   

Use of such agreements—collectively referred to as physician covenants not to compete—is dramatically expanding.

The landscape is rapidly changing for the enforceability of such covenants in

  • employment contracts,
  • agreements for the sale of medical practices,
  • medical practice partnership dissolution agreements and
  • shareholder agreements.

This concise guide explores the legal issues related to physician covenants not to compete. It is an essential and comprehensive tool for advising and counseling clients and litigating related claims.  Practice tips and drafting notes are provided to assist in creating legally sound physician covenants not to compete. State law distinctions are also included.

The Honorable William Constangy is a highly seasoned expert, bringing a wealth of practical insights and litigation-tested advice to the area of covenants not to compete.

The guide is excerpted from the upcoming new treatise entitled Enforceability of Covenants Not to Compete in Intrastate, Interstate and Multinational Business Markets.

*Additional examples of healthcare providers subject to non-compete agreements:

Acupuncturist, Allergist, Anesthesiologist, Anesthetist, Cardiologist, Chiropractor, Dermatologist, Endocrinologist, Family Practitioner, Gastroenterologist, Gynecologist, Hematologist, Immunologist, Internist, Nephrologist, Neurologist, Neurosurgeon, Nurse Practitioner, Obstetrician, Oncologist, Ophthalmologist, Optician, Oral Surgeon, Orthodontist, Orthopedist, Osteopath, Otolaryngologist, Pathologist, Pediatrician, Physiatrist, Physician’s Assistant, Podiatrist, Proctologist, Psychiatrist, Psychologist, Pulmonologist, Radiologist, Rheumatologist, Surgeon, Urologist.

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Table of Contents

Constangy on Physician Covenants Not to Compete


(Also Known As Non-Compete Agreements Affecting Healthcare Providers)


This guide will also appear as a chapter upcoming new treatise entitled Enforceability of Covenants Not to Compete in Intrastate, Interstate and Multinational Business Markets.


01 Introduction
02 Enforceability Factors
03 Coverage
04 State Common Law Recognition of Enforceability
05 Judicial Construction
06 State Statutory Prohibitions and Restrictions
07 Other State Statutes or Common Law Concerning Physician Covenants Not to Compete
08 Choice of Law
09 Remedies
10 Defenses
11 Relaxed Scrutiny for Sale of Medical Practice Goodwill
12 Allocation of Burden of Proof