Early Court Opinions Construing Georgia’s New Non-Compete Statute Confirm Need for Employers to Execute New Agreements.

October 22, 2012

Attorney at Law Magazine, September Issue

Last year, Georgia enacted a new non-compete statute (O.C.G.A. §13-8-50 et seq.) that drastically altered the law applying to non-compete agreements in the state. Georgia was previously one of the most difficult states in which to enforce a non-compete agreement, but overnight, Georgia law and public policy changed to become more favorable to employers. The most significant deviation from the prior law is that courts are now allowed to judicially “blue-pencil”, i.e. modify, non-compete agreements that are deemed to be overbroad.

Before this change, Georgia courts had no choice but to rule as void any non-compete that did not meet Georgia’s strict drafting requirements. Under the new statute, however, any agreement is potentially enforceable to some degree, but only if the non-compete agreement was executed on or after the effective date; the new statute expressly does not apply to agreements that pre-date it.

To read full article from the Attorney at Law Magazine, click here. (Please scroll to page 5)



Legal Disclaimer:
No representation is made that the quality of services to be performed is greater than the quality of legal services performed by other lawyers.

Featured Attorneys

send article

TESTIMONIALS

  • “A litigator in the real estate department. I am very pleased with his style, and his attention to detail is quite remarkable.”

    -Chambers 2012

  • “Absolutely impressed.”

    -Chambers 2012 

  • “They do a lot of real estate related work. An excellent firm.”

    -Chambers 2012

  • "The Burr & Forman Creditor's Rights group is top notch and definitely should be ranked with the nation's best lawyers. They are responsive, timely, very knowledgeable, resourceful, and helpful. They fight for their clients while offering alternative strategies that may be less expensive. That being said, they will "go to the mat" if necessary and do so in a prudent well prepared manner."

    -Best Lawyers 2012

  • "Rik is a character, a trial lawyer of the highest degree. He is a consummate trial attorney and a phenomenal oral advocate with an ability to take complex issues and make sense of them, build out and present them in a common sense way.”

    -Chambers 2012