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 keeps clients’ concerns and considerations in mind. You want to make sure the representation is appropriate given the claims at issue. The things I’ve liked about is that he’s a good business attorney. He keeps in mind the concerns of the business."

    -Chambers 2012

  • “Melinda Sellers has become the valued resource for us when we need guidance regarding a broad range of matters, whether related to HOA legal issues or general corporate matters.  She quickly understands the nuances and potential end results of actions in complicated situations.  Her timely responses and incisive comments and well-reasoned opinions have guided us through many complex issues.  I always want Melinda backing me up. Additionally, she is an absolute pleasure to work with and I look forward to having a long professional and personal relationship with her.”

    -Elbert W. G. Boothby, CPM®, CCIM®, CMCA®, AMS®, PCAM®, President and CEO, Boothby Realty, Inc.

  • “Keith has provided excellent real estate legal support for myself and my colleagues in good times and bad. I have always found Keith's work timely and reasonably priced and would recommend him without a second thought.”

    -Michael Green, CNL Bank

  • “A very good lawyer.”

    -Chambers 2012

  • “Tully Hazell has a keen business sense and understands how to talk with the commercial side of our business in a way that is understandable and not too laden with legalese. Tully has a strong knowledge of both our business and our industry which enables him to provide relevant responses to our questions. We also appreciate that we can always rely on Tully to provide timely responses to our requests.”

    -Chambers 2012