Restrictions for Specific Professions or Industries Sample Clauses

Restrictions for Specific Professions or Industries. ‌ Courts and state legislatures are increasingly determining whether employees across industries are permitted to enter into non-solicitation agreements with their employers. Depending on jurisdiction or applicable state law (discussed in greater detail below), certain professions and industries may be excluded from or limited in entering into restrictive covenants.84 Typically, non-solicitation agreements are not appropriate for professions or industries where a court would likely conclude that the harm to the consumer’s choice outweighs the employer’s legitimate business interest.85 Exempted industries and professions include lawyers, physicians, certain financial advisors, and other industries depending on the state.86 For example, Rule 5.6 of the American Bar Association’s Model Rules of Professional Conduct specifically prevents lawyers from offering or agreeing to restrictive covenants.87 Similarly, the American Medical Association’s ethical code discourages the use of restrictive covenants in the practice of medicine.88 Section 9.02 of the American Medical Association Code of Ethics states, “restrictive 83 See Xxxxxxxx, supra note 42, at 507-510. 84 See, e.g., Xxxxxx v. Univ. Hosp. of Cleveland, Nos. 76724,76785, 2002 WL 363593 (Oh. Ct. App. Mar. 7, 2002); Xxxxx X. Xxxxxxxxx, “Five Things Every Lawyer Should Know About Agreements That Restrict, Or Effectively Restrict, A Lawyer’s Practice After Termination” (Mar. 23, 2013).