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 […]