The question has been raised:  What is the effective date of Georgia’s new non-compete statute, O.C.G.A. § 13-8-50 et seq.?

The statute provides that it goes into effect on the day after the passage of an enabling Constitutional amendment. 

This Act shall become effective on the day following the ratification at the time of the 2010 general election of an amendment to

Continue Reading Now or Later? Debate Emerges Regarding Effective Date of Recent Georgia Constitutional Amendment

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

Georgia moved one step closer this week to amending its Constitution to allow the General Assembly to enact legislation regarding commercially applicable (non-real estate) restrictive covenants.  HR 178  passed out of the House (158 yeas – 12 nays) on Monday, March 22, 2010 and is headed to the Senate.  Word is that it is expected to pass without problem.  The House

Continue Reading And now on to the Senate . . . Georgia’s Constitutional Amendment Moves Forward

Yesterday afternoon, the Georgia House of Representatives passed HB 173, a bill that would set forth a comprehensive statutory framework for interpreting restrictive covenant agreements. The current version of the bill is linked here. The final vote was a resounding 137 in favor and 22 against. HB 173 will now progress to the Georgia Senate for consideration. The bill

Continue Reading Georgia House of Representatives Passes Restrictive Covenant Legislation

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