Famed rock singer, Tom Petty, passed away in 2017. Nearly two years later his widow, Dana York Petty, and his daughters from a previous marriage, Adria and Annakim Petty, remain embroiled in a legal dispute over the musician’s estate. In the petition filed with the probate court in Los Angeles, California, Dana asserts her authority as the sole trustee of Petty’s trust. This issue does not appear to be in dispute; however, Petty’s daughters contend they have full authority to manage Petty’s catalogue of music recordings. Despite Petty’s efforts to avoid such a dispute by creating a trust with directives for managing its assets, Petty’s widow and daughters disagree…
-
-
ENFORCING COVENANTS NOT TO COMPETE AGAINST DOCTORS: PUBLIC POLICY CONSIDERATIONS
The North Carolina Court of Appeals decision in Aesthetic Facial & Ocular Plastic Surgery Ctr., P.A. v. Zaldivar highlights the unique impact of public policy considerations when determining the enforceability of a non-compete agreement against a medical doctor. To what extent are such agreements enforceable? At what point does the concern for the health of the general public outweigh the interest in enforcing the specific terms of an employment contract? Elements to Determine the Enforceability of Non-Compete Agreements A non-compete agreement restricts a former employee’s ability to work for a competitor of, or otherwise compete with, the employer. They are frequently contained in employment contracts. North Carolina recognizes…
