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

  • “He is an excellent attorney, a very good litigator. He has a very good and calm demeanor and doesn’t get wild. He keeps his cool and continues to pile on. He is a good planner in terms of strategy."

    -Chambers 2012

  • “I have worked with Jay Price for over 10 years on banking transactions throughout the country.  His knowledge of real estate law, the Uniform Commercial Code and his loan documentation skills have brought me much confidence that every loan will close in an appropriate and correct manner. He is the most efficient, diligent, and time responsive attorney I have worked with in my over 30 years in the banking industry.”

    -Anonymous

  • "I have worked most closely with Greg Harley and Read Morton. They are very thorough and very knowledgeable about our business. They inspire confidence: you just know you are in good hands when you work with them."

    -Telecommunications client

  • “Mike Atchison is a gentleman and has a great legal mind. We use him for highly complex advisory work.”

    -Chambers 2012

  • "I am an employee of a large bank and responsible for a complex commercial real estate portfolio of problem loans and special assets.  I find Erich to be a most valuable resource and team member.  Erich is totally engaged in evaluating the bank's position related to the debt obligation(s), the collateral securing the debt and, when possible, offering alternative solutions that oftentimes lead to enhanced resolutions benefiting both the customer and the bank.  His proactive problem identification, problem prevention and problem solving skills make him my "go to" legal counsel."

    -Anonymous