A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud
By Dan Hart, Atlanta
Following Georgia Governor Nathan Deal’s signing of House Bill 30 (“H.B. 30”) on May 11, Georgia’s Restrictive Covenant Act is now law, effective immediately. The Governor’s signing of the bill caps months of debate and speculation about the effective date of a nearly identical bill that the Legislature enacted in 2009. That legislation, H.B. 173,…
Continue Reading What Georgia’s Restrictive Covenant Act Means – and Doesn’t Mean – for Employers
What does the new law do? Although the changes are extensive, and the effect of those changes will differ depending on the circumstances, we reviewed the statute when it was passed in 2009 and published an overview in the Georgia Bar Journal. We also published a technology article, focusing on its effects on technology companies.
As we noted…
Continue Reading Georgia’s New Non-Compete Law – Links
On November 2, Georgians voted overwhelmingly in favor of updating Georgia’s restrictive covenant law. The new law is codified at O.C.G.A. 13-8-50 et seq.
The law is not retroactive, so it does not affect existing contracts. However, for many businesses who have learned that their agreements are not enforceable under Georgia law as it existed previously, now is…
Continue Reading New Day in Georgia for Restrictive Covenants
In Atlanta Bread Co. Int’l, Inc. v. Lupton-Smith, S08G1815, 2009 WL 1834215 (Ga. Jun. 29, 2009), the Georgia Supreme Court today confirmed that in-term restrictive covenants are subject to the same strict scrutiny standard applied to post-term covenants and the same reasonableness standards of time, territory, and scope.
The question presented in Atlanta Bread Company was whether the…
HB 173, which we have written about before, heads to a vote before the Georgia House of Representatives today. The legislation dramatically changes the way Georgia court’s will review restrictive covenants (non-competes, non-solicitation agreements) and fixes the time limit imposed on confidentiality restrictions (eliminating the two-year restriction). To find out how to reach your State Representative to express your views…
Continue Reading HB 173 Heads to the Floor of the Georgia House of Representatives Today
Representative Kevin Levitas’s HB 173 is headed for another hearing on Monday at the Georgia Capitol. It may be up for a vote before the full Judiciary Committee as soon as Tuesday, February 17, 2009.
Subcommittee chairman Representative Mike Jacobs led the latest hearing on Tuesday, February 10, 2009. The subcommittee heard support for the bill from Reed Elsevier, Inc.
Continue Reading Georgia’s Restrictive Covenant Legislation Moves Towards A Vote
