NYU Cardiology, a cardiology practice at New York University Hospital on Manhattan Island in New York City, wants to expand its medical practice, and NYU Cardiology makes a lucrative offer to an interventional cardiologist currently practicing in Brooklyn Heights. Brooklyn Heights is separated from Manhattan only by the Brooklyn Bridge. The New York City Metropolitan Statistical Area has a population of 24,000,000, stretches for many miles into New Jersey, Connecticut, and Pennsylvania and includes all of Long Island, and has 60 hospitals in New York State alone with many more in the full expanse of the Metropolitan Statistical Area. To protect NYU Cardiology against competition, NYU Cardiology requires the interventional cardiologist to enter into the following restrictive covenant:

Employee agrees that, during Employee's employment by Employer and for a period of two (2) years following the effective date of termination of Employee's employment for any reason, Employee will not, directly or indirectly, alone or in conjunction with another person or entity, engage in the practice of cardiology or internal medicine within a fifty-mile radius of Employer's office at New York University Hospital on Manhattan Island, New York City, New York.

3.2.1 Using the framework of analysis provided in this lesson, provide an analysis of enforceability of this covenant if the physician decides to leave Manhattan and practice interventional cardiology in Darien, Connecticut, a distance of forty (40) miles from NYU Hospital. Please provide a complete explanation of your analysis and support of your conclusion. Be sure to use each element of the analytical framework described in the course lecture and materials. NOTE: THIS QUESTION MUST BE ANSWERED BASED ONLY ON THE COURSE MATERIALS AND NOT ON NEW YORK OR CONNECTICUT LAW. NO INDEPENDENT LEGAL RESEARCH IS PERMITTED FOR YOUR ANSWER, BUT YOUR ANSWER MAY BE SUPPLEMENTED WITH INDEPENDENT RESEARCH APPLYING ANY SPECIFIC STATE LAW TO THE FACTS AS PRESENTED.

3.2.2 If you believe that the covenant is unenforceable, what would you change to make it enforceable? If you believe that the covenant is enforceable, what changes would make it unenforceable? Be sure to use each element of the analytical framework described in the course lecture and materials.