"The clinic sued Dr. Michael McKinney, a physician and onetime board member, alleging that while he was a director, McKinney secretly worked to establish a new medical practice in Jessamine County that would compete with Lexington Clinic."
Among other things, the suit alleges McKinney entered into a contract to work for a competing medical facility; worked to have other former clinic physicians join him in practicing medicine in competition with the clinic; and recruited or encouraged other clinic employees to leave the clinic and join a competing facility.
The suit also says that as a director, McKinney received or had access to the clinic's confidential, proprietary business and financial information and materials, which he has not returned.
The lawsuit alleges that McKinney breached his fiduciary duties as Lexington Clinic director by facilitating the establishment of a competing operation, and is in a position to "misappropriate" clinic trade secrets to the detriment of the clinic.
I have to say I find the breach of fiduciary duties more interesting than the non-compete agreement. This reports does good duty serving as a reminder that the facts determine the type of claim and that facts are shifty things.
Physician Must Comply With Terms of Non-Competition Agreement by Valerie A. JudiceOn September 26, 2007, the Louisiana Second Circuit Court of Appeal upheld the judgment of the First Judicial District Court in Caddo Parish in finding that the noncompetition and nonsolicitation clauses in a contract between a urology clinic and a professional medical corporation ("PMC") were enforceable as to the physician who had formed the PMC...
Ind. Decisions - Supreme Court decides one today In Central Indiana Podiatry, P.C. [CIP] v. Kenneth Krueger, Meridian Health Group, P.C., a 14-page, 3-2 opinion, Justice Boehm writes:We hold that noncompetition agreements between a physician and a medical practice group are not per se void as against public...
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Clean Water Act Lexington-Fayette County agrees to spend $250 million to fix its sanitary and storm sewer systems.