WHAT IS A TEMPORARY RESTRAINING ORDER? Businesses sometimes have a need to stop – enjoin – a person or another business from doing something harmful to the business. Often this occurs in the context of an employee leaving and taking confidential information with him/her, or a former employee attempting to divert business away from the […]
Georgia Legislature Tries to “Fix” Problem With Effective Date of Restrictive Covenants Law
Georgia faces a very confusing situation with respect to the effective date of its recent change in the law governing restrictive covenants in employment and other agreements. Until recently, Georgia’s law governing noncompetes, covenants not to solicit customers and employees, and nondisclosure of confidential material was found in a body of Georgia caselaw that all […]
Ms. Myer Gives TV Interview on New Restrictive Covenant Law
On January 1, 2011, Mari Myer appeared on 11 Alive News to discuss the recent changes in the Georgia law governing restrictive covenants. During the interview, which aired twice, Ms. Myer expressed concern that the recent changes in the law, while well-intended, may create numerous problems for Georgia businesses. The changes are likely to spark […]
Georgia’s New Restrictive Covenant Law Goes Into Effect January 1, 2011
Georgia’s voters approved a referendum on the November ballot that amended the Georgia Constitution’s prohibition against restraints of trade. This paved the way for a new body of laws to take effect which will likely rewrite Georgia’s law governing post-employment conduct restrictions. Although there will be some legal challenges during the next several months, the […]
Outcome Of Recent 11th Circuit Decision On Restrictive Covenants Likely Would Have Been Less Favorable To Employer Had New Restrictive Covenants Act Been In Effect
The United States Court of Appeals for the Eleventh Circuit (based in Atlanta) recently issued a decision interpreting Georgia’s caselaw governing restrictive covenants in employment agreements. The Court enforced the covenants and reversed a decision by the District Judge that the covenants were not enforceable. This decision has been cited by supporters of Georgia’s upcoming […]
Georgia Referendum On Restrictive Covenants In Employment Agreements
By Mari L. Myer, The Myer Law Firm, Decatur, Georgia 1 Georgia has long had a reputation for being very friendly to employers except in one area: it is difficult to enforce a post-employment restriction against an employee either competing with the employer or soliciting business from the employer’s customers. These restrictions are commonly referred […]