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Covenant Not To Compete: Enforceability of Physician Contracts
Prognosis, Vol. 15, No. 3 - 06/1999
Paula Jordan Banks

This article outlines the basic requirements for enforceability of restrictive covenants under North Carolina law, as well as provides a fairly detailed discussion of the case law supporting each of the five elements of an enforceable restrictive covenant. The article also discusses the then-pending legislation which, if enacted, would change the enforceability of such provisions. (Note: As of August 1, 2000, HB 1126 was defeated. Therefore, there was no pending legislation in North Carolina related to physician restrictive covenants as of that time.)