Non-Competes in Healthcare

Jonathan Pollard represents represents doctors, dentists and other medical professionals in non-compete cases throughout the state of Florida and beyond. Although a handful of states prohibit doctor non-compete agreements as being contrary to the public interest, Florida has no such prohibition against physician non-compete agreements. As such, physician non-compete agreements in Florida are subject to the traditional test for enforceability, which involves considerations such as reasonableness of time and geographic scope and legitimate business interests, such as relationships with practice patients.  Although physician non-compete agreements are generally enforceable in Florida, such non-compete agreements raise a number of unique considerations and are, therefore, subject to unique avenues of attack.  Such agreements are often over-broad in geographic scope, too long in duration or contrary to the public interest.  In some instances, physician non-compete agreements raise unique issues related to Medicare and Medicaid and may, therefore, be unenforceable as preempted by federal law.   Jonathan routinely consults with doctors, dentists and other medical professionals who are either involved in actual non-compete litigation, or, who are considering business decisions and career moves that may implicate their non-compete agreements.   Jonathan is available to represent doctors and physicians in defending litigation, pursuing a declaratory judgment holding a non-compete agreement is unenforceable or advising in connection with business decisions.  Representative matters include:

  • Representing physician in litigation seeking declaratory judgment to hold non-compete agreement unenforceable.
  • Defending respiratory therapist in non-compete litigation brought by former practice.
  • Representing numerous doctors in non-compete disputes with their former practices and reaching favorable out of court settlements.
  • Advising group of surgeons in connection with non-compete matters and negotiation of new employment contract.
  • Advising group of dentists in connection with non-compete matters and purchase of a new practice.
  • Advising prominent geriatrics doctor in connection with negotiation of new employment contract and resolution of non-compete issues.

Jonathan has extensive knowledge regarding the relevant statutes, governing case law and key strategies for defending and defeating Florida doctor non-compete agreements.  He uses this knowledge to represent doctors, dentists and other healthcare professionals throughout South Florida and beyond, including clients in Fort Lauderdale, Miami, West Palm Beach, Orlando, Tampa and Jacksonville.

Jonathan has written extensively on recent developments surrounding non-compete agreements in the healthcare sector, healthcare non-compete agreements and the public interest and antitrust concerns related to healthcare sector consolidation and non-compete agreements. For analysis of recent court cases involving non-compete agreements in the healthcare sector, please see Jonathan’s the noncompete blog. If you are a doctor, dentist or medical professional and you have questions or concerns regarding your non-compete agreement, please contact Fort Lauderdale attorney Jonathan Pollard to discuss your situation and review your options.