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Restrictive Covenants › Non-Compete Agreements › Georgia

FordHarrison

"In Any Capacity" Language Dooms Georgia Non-Compete Provision

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Prior to the enactment of Georgia’s Restrictive Covenant Act (“GRCA”), Georgia courts uniformly struck down non-compete provisions that used “in any capacity language”, i.e., a non-compete that prohibited an employee from...more

Littler

Georgia’s Restrictive Covenants Act Does Not Require That Restrictive Covenants Contain Express Geographic Restriction

Littler on

In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable. On September 4,...more

Seyfarth Shaw LLP

Georgia Signals Greater Leeway in Revising Overbroad Non-Competes

Seyfarth Shaw LLP on

In a recent decision, the Eleventh Circuit seemed to approve a more forgiving standard for reviewing restrictive covenants. Courts generally have three colors in their markup kit for restrictive covenants. The first—and most...more

Baker Donelson

Georgia Courts Upend Years of Lax Employee Restrictive Covenant Drafting

Baker Donelson on

After a long hiatus, Georgia courts are again cracking down on employee non-compete agreements and other restrictive covenants. These decisions deserve the attention of every Georgia employer that issues these agreements to...more

FordHarrison

Noncompete News: The More Things Change, the More They Remain the Same: Georgia Supreme Court Addresses Choice of Law Provisions...

FordHarrison on

Historically, Georgia courts have declined to apply another state’s law to determine whether to enforce restrictive covenants against a Georgia employee, regardless of whether the agreement stated that another state’s law...more

Epstein Becker & Green

Employers, Are Your Employee Non-Solicitation Agreements Still Valid In Georgia?

Epstein Becker & Green on

For many of us, summer holidays are over, the kids are back in school, and it is a good time to take stock of languishing items on our to-do lists.  For employers that have restrictive covenant agreements with employees in...more

Seyfarth Shaw LLP

Georgia Maps Out New Requirement for Employee Non-Solicits

Seyfarth Shaw LLP on

On May 11, 2011, Georgia passed the Restrictive Covenants Act, which made enforcing employee restrictive covenants far easier than it was under Georgia common law. In an odd twist, a law that Georgia intended to make it...more

Fisher Phillips

Georgia Employers Must Act Now as Recent Court Decision Potentially Invalidates Most Employee Non-Solicitation Covenants

Fisher Phillips on

The Georgia Court of Appeals just made it significantly more difficult for employers to enforce employee non-solicitation provisions, which might require you to take immediate action to protect your company’s interests in...more

FordHarrison

Noncompete News Alert: Applying the "Janitor Rule," a Georgia Court Strikes Down "In Any Capacity" Non-Compete

FordHarrison on

Prior to the enactment of Georgia’s Restrictive Covenant Act (“RCA”) in May 2011, Georgia courts uniformly held void and unenforceable “in any capacity” non-compete provisions in the employer-employee context. “In any...more

FordHarrison

Non-Compete News: Georgia Court Holds Non-compete and Non-solicit of Employee Provisions With Missing Territory Unenforceable and...

FordHarrison on

Earlier this year, in Steuer v. Tomaras, et al., Georgia’s Statewide Business Court again refused to modify certain restrictive covenants that were missing a territory. Dr. Steuer, a former partner of the defendant doctors,...more

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