I have written several posts outlining the unique requirements that employers must include to create a valid noncompeteition agreement with a physician. (posts here and here). A recent case from the Beaumont Court of Appeals holds that even when a physician noncompetition agreement contains a reasonable buy-out clause, the employer may still have to arbitrate the
Texas Covenant Not to Compete Act
Texas Appellate Court Continues Trend of Enforcing Noncompetition Agreements
By Russell Cawyer on
Posted in Noncompetes and Restrictive Covenants
Since the Texas Supreme Court’s Sheshunoff and Mann Frankfort opinions, Texas appellate courts have, with increasing frequency, enforced covenants not to compete in the employment context. Gone are the days when noncompetition agreements were difficult to draft and enforce in Texas.
In Gallagher Healthcare Insurance Services v. Vogelsang, the First District Court of Appeals in…
Texas Relaxes Requirements to Enforce Noncompetes Against Physician-Owners
By Russell Cawyer on
Posted in Legislation, Noncompetes and Restrictive Covenants
In addition to containing reasonable restrictions as to time, geographic scope and scope of activity to be restrained, Texas imposes additional requirements for enforceable covenants not to compete with licensed physicians. Those additional requirements include that the covenant:
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not deny the physician access to a list of his patients whom he had seen or treated
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