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Non-competition, non-solicitation and confidentiality agreements

Physician noncompetition agreements

A plaintiff that buys a medical practice cannot enforce noncompetition and nonsolicitation provisions against a doctor, even when those clauses are contained in an asset and purchase agreement. While Massachusetts courts recognize noncompetition agreements in many situations, the law specifically excludes physicians from such restrictions.

The applicable Massachusetts law states, in relevant part, that any contract or agreement which creates or establishes the terms of a partnership, employment, or any other form of professional relationship with a physician registered to practice medicine, which includes any restriction of the right of such physician to practice medicine in any geographic area for any period of time after the termination of such partnership, employment or professional is unenforceable.

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464
617-969-2900

pam@pamsmithlaw.com

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