Georgia Supreme Court Rejects Independent Cause of Action for Inevitable Disclosure of Trade Secrets

During the past 15 years or so, courts around the country have considered whether a person can be barred, or enjoined, from engaging in certain types of competitive behavior purely on the theory that the behavior will inevitably result in the disclosure of trade secrets.   The Georgia Supreme Court seems to have rejected this sort […]

Should Employees Be Allowed to Use Their Own Electronic Devices for Work?

There is a constant tug of war in some industries between employees who want to decide for themselves what electronic devices to use for their work, and employers that are uncertain whether allowing such an option would be good for the employer.  The use by employees of their own personal electronic devices, such as PCs, […]

It’s Time for Employers to Update (or Adopt) Their Social Media Policies

Several years ago, I published an article in the Georgia Bar Journal regarding company blogging policies.  The article can be found here, at page 34: When the article was published, the practice of blogging was still relatively new.  Businesses were still deciding whether to allow their employees to blog about company matters, and if […]

Key Changes to Georgia’s Law Governing Restrictive Covenants in Employment Agreements – Part Three

This is Part Three of an article discussing the recent changes to Georgia’s law governing restrictive covenants such as covenants not to compete, not to solicit customers, not to solicit personnel and not to disclose confidential information.  Part One discussed general changes applicable to each of these types of covenants.  After providing some additional general […]

Preserving Customer Lists in the Linked In Era

It is now common for people to maintain their professional contacts through Linked In and other social media.  So what happens when a sales person uses Linked In rather than his or her employer’s marketing database to store customer contact information?  Typically, a company will require key employees – such as those with responsibility for […]

What Is An Injunction And When Can One Be Obtained?

Television news programs often make reference to companies or the government obtaining injunctions against various types of conduct.  This article explains what an injunction is and when/how one might be obtained from a court. Businesses sometimes have a need to stop – enjoin – a person or another business from doing something harmful to the […]