Neal's Publications
Featured in Atlanta Legal Aid’s “Volunteer Spotlight,” October 2018
“Practical Law Commercial Transactions: Confidentiality and Nondisclosure Agreements (GA),” published by Thomson Reuters, February 2018
“A Federal Cause of Action for Trade Secret Misappropriation,” Atlanta Bar Association Labor & Employment Law Section Newsletter, Fall 2016
“Defensible Deletion after Information Theft is Discovered,” Today’s General Counsel (February/March 2015)
“Mobile Devices in the Workplace: Protecting Trade Secrets and Confidential Information,” Attorney at Law Atlanta Magazine (Volume 3 Number 5)
“Take Advantage of Georgia’s New Restrictive Covenants Act,” BFV E-News, July 2014
Co-Author, “Restrictive Covenant Litigation” chapter in Georgia Business Litigation, 2013 Daily Report Books, a division of ALM Media, LLC (2013)
“The Fair Housing Act and the Extended Stay Industry“, HospitalityLawyer.com, September 26, 2013
“Arbitration Clauses in Non-Compete Agreement: The United States Supreme Court Chimes In”, Atlanta Bar Association Labor & Employment Law Section Newsletter, Summer 2013
“Extended-Stay Hotels: Are your Operations Compliant with the Fair Housing Act?” Hotel Business Magazine, September 2013
“Reductions-in-Force: Are You Entitled to a FICA Tax Refund?” BFV E-News, April 2013
“Passover Guide for Departing Employees,” Atlanta Jewish Times, March 2013
“The Debut of the Blue Pencil“, Atlanta Bar Association Labor & Employment Law Section Newsletter, Winter 2012
“Why Are You Still Ignoring Me? Will Georgia Courts Still Disregard Choice-of-Law Provisions in Employment Agreements Containing Restrictive Covenants in Light of Georgia’s New Non-Compete Law?“, Atlanta Bar Association Labor & Employment Law Section Newsletter, Winter 2012
The Enforceability of Choice-of-Law Provisions in Employment Agreements in Light of Georgia’s New Restrictive Covenants Act, Atlanta Bar Association Labor & Employment Section Newsletter (Winter 2011-2012)
“The Times, They Are A’Changin’: Georgia’s New Restrictive Covenant Law,” BFV Business Law Perspectives, Winter 2011
“Employers Take Heed: Responding To Garnishments Constitutes The Unauthorized Practice Of Law”, BFV Business Law Perspectives, November 2011
“A Primer for Georgia Employers on What Litigation Under the New Restrictive Covenants Act May Look Like”, BFV Business Law Perspectives, May 2011
“When the Office Closes: To Pay or Not to Pay?”, BFV Business Law Perspectives, May 2011
“The Game has Changed: What will Litigation under the New Restrictive Covenants Act Look Like?”, Atlanta Bar Association Labor & Employment Law Section Newsletter, Spring 2011
“LinkedIn® and Restrictive Covenants: Issues and Potential Pitfalls to Consider in the Age of Social Media”, Atlanta Bar Association Labor & Employment Law Section Newsletter, Summer 2010
“Georgia’s New Non-Compete Statute: Is This Legislation Good for Business in Georgia?”, BFV Business Law Perspectives, Summer 2010
“Litigation Holds and the Preservation of Relevant Information: Business Acumen and Good Management Practices in the Electronic Era”, BFV Business Law Perspectives, May 2010
“Significant Changes to Georgia Law on Non-Competes Possibly on the Horizon”, BFV Business Law Perspectives, October 2009 ”
Restrictive Covenants Legislation to Go into Effect Upon Passage of Constitutional Amendment in 2010 General Election,” April 2009
Declaratory Judgment Actions: When are they Appropriate?, October 2007
Supreme Court Upholds FLSA Exemption for Certain Home Health Care Employees, August 2007
Employers Beware when Drafting and Proposing Severance Agreements, June 2007
Neal's Posts
Many trade secrets cases are entertaining. But a trade secrets case about comedians and comedy clubs? Now that’s funny. Harith Iskander v. Laugh Factory, Inc., Case No. LA CV-19-1076-MWF(JEMx) (C.D. Cal. March 17, 2020), involved a dispute between a Malaysian comedian and the Laugh Factory Comedy Club in Hollywood. In...
Read More This blog closely monitors decisions interpreting Georgia’s still relatively new Restrictive Covenant Act. Several decisions have come down in the last few years that provide more guidance on when covenants are enforceable under the Restrictive Covenant Act. A recent decision from the Southern District of Georgia, Pan Am Dental, Inc....
Read More Enacted in 2016, the federal Defend Trade Secrets Act (DTSA) provides a federal cause of action for trade secret theft. The DTSA was a significant development because it put trade secrets on par with other forms of intellectual property that are protected by federal law. Employers & The Defend Trade...
Read More Non compete lawsuits often involve a host of thorny issues, including disputes over the enforceability of the non-compete itself. Another issue that frequently gets argued in non-compete cases is whether the employer took too long to attempt to enforce its non-compete. While an employer’s delay in seeking to enforce a...
Read More A question that frequently arises in non-compete cases is whether the duration of a former employee’s non-compete clause can be extended by a court. For example, if an employee breaches a 12-month non-compete and the former employer does not learn about it right away or is not able to get...
Read More When an employer discovers that a departing employee has misappropriated information using a computer, there may be a remedy under the Computer Fraud and Abuse Act (CFAA). In many cases, employees who misappropriate information using a computer expose themselves to potential civil and criminal liability under the CFAA.The Computer Fraud...
Read More The last few months have seen a flurry of attention on the use of non-competes and whether they should be regulated in some fashion by the federal government. The primary focus of these efforts has been on the use of non-competes for low-wage and/or low-skilled workers. This issue has been...
Read More This blog has closely watched case decisions related to Georgia’s Restrictive Covenant Act (RCA), which was enacted in 2011 and substantially changed Georgia’s non-compete law. Until recently, there were no Georgia appellate court decisions interpreting the RCA. Then in October, the Georgia Court of Appeals decided Carpetcare v. Carle, with...
Read More This blog carefully tracks developments related to Georgia’s Restrictive Covenant Act (RCA), which passed in 2011 and substantially revised Georgia’s non-compete law. Until last week, there were no published opinions from the appellate courts in Georgia addressing the RCA. Also, there were only a handful of federal district court opinions...
Read More Non-compete agreements and the fact that they are frequently abused have been a newsworthy topic in the last few years. In a previous blog post, I discussed the negative reaction to Jimmy John’s Gourmet Sandwiches restricting its sandwich-makers from working for competitors through non-compete agreements. Our blogs have also discussed...
Read More I got married several years ago. One of the fun parts of wedding planning was the cake tasting. My fiancé and I tasted samples of a number of different types of cakes, icings, and fondants. At the time I did not know what fondant was, and I certainly did not...
Read More I have had the pleasure of attending the AIPLA’s Trade Secret Law Summit in sunny San Diego this week. Following are a few insights and takeaways from the conference:A good legal advisor will counsel his or her clients to implement appropriate measures to protect company trade secrets. There are lots...
Read More Today, I had the pleasure of attending and speaking at the annual Georgia Restrictive Covenants and Trade Secrets Continuing Legal Education (CLE). Following are some useful pieces of information I learned:For better or for worse, there are still no Georgia appellate decisions interpreting Georgia’s Restrictive Covenant Act, which went into...
Read More There have been a number district court opinions since the enactment of the Defend Trade Secrets Act (“DTSA”) that touch on a wide range of issues. There have, not too surprisingly, been very few appellate decisions. However, one very recent appellate decision, First Western Capital Management Company v. Malamed, 2017...
Read More Georgia’s old common law was extremely hostile to the enforcement of restrictive covenants, particularly non-competes. However, even under the old law, employee non-recruitment covenants were more freely forced. That said, there is some inconsistency in the Georgia appellate and federal court decisions which address the rules governing the enforceability of...
Read More This blog has periodically highlighted the consequences of destroying evidence and the role forensics play in litigation. Last week’s blog entry discussed the contours of third parties’ obligations to preserve relevant evidence. For this week’s spoliation lesson, we turn to a dispute involving pop culture icon Taylor Swift. Taylor Swift...
Read More Molon Motor and Coil Corp. v. Nidec Motor Corp., No. 16 C 03545, 2017 WL 1954531, (N.D. Ill. May 11, 2017), addresses several interesting issues regarding the new federal Defend Trade Secrets Act (DTSA), including the role of the inevitable disclosure doctrine. The dispute in Molon involves two competitors that...
Read More This blog has historically discussed any and all things related to Georgia non-compete law. For this latest update on Georgia law, we take a slight detour. Not to the Southern District of Georgia or to a county in Northwest Georgia, but all the way across the ocean to the country...
Read More Yesterday, President Obama signed into effect a major development in trade secrets law for American companies – the Defend Trade Secrets Act (DTSA). If you are an employer or business owner, this new law cannot be ignored. Described as the “most significant expansion” of federal IP law in 70 years,...
Read More The Defend Trade Secrets Act unanimously passed the Senate a few weeks ago. The DTSA has now been referred to the House Judiciary Committee. The bill has significant support in the House of Representatives. It thus appears a federal trade secret law is finally on the horizon. The following are...
Read More Most sports fans have now heard the latest on Johnny Manziel. He was supposed to be at the Browns’ facility this past Sunday morning to meet with doctors as part of the concussion protocol. Instead he was apparently in Las Vegas partying. To try to avoid being recognized, he supposedly...
Read More Some more interesting nuggets and thoughts from the Trade Secret Summit: The first known non-compete was from 1414. An apprentice learning clothes-dying was subject to a non-compete. It wasn’t enforced because of the shortage of labor due to the Bubonic Plague. Anybody know non-competes are responsible for the Rock-n-Roll...
Read More I am in Boston attending the Trade Secret Summit hosted by the Trade Secret Committee of the American Intellectual Property Law Association. There have already been a number of excellent and informative presentations. A few thoughts and takeaways thus far: Cybersecurity risks come from all directions. Many tend to think...
Read More Georgia’s Restrictive Covenants Act is approaching its three-year anniversary. Although much about the new law is still uncertain, one thing is clear: the law represents a significant shift in Georgia’s restrictive covenants law in favor of employers.In general, the new law favors the enforcement of reasonable restrictive covenants and, in...
Read More Putters v. Rmax Operating, LLC, Civil Action File No: 1:13-cv-3382-TWT, 2014 WL 1466902 (N.D. Ga. April 15, 2014), is a recent decision that involves a number of issues that frequently come up in competition-related cases.Rmax Operating, LLC (“Rmax”) manufactures and sells insulation materials for buildings. Charles Putters was employed with...
Read More Cost Management Group, Inc. v. Bommer, 327 Ga. App. 164 (2014), involved a dispute between three former business partners, Daniel Bommer, Steven Gareleck, and George Remington Reynolds. Mr. Bommer owned a health telecommunications company, Telesis Management Corporation. In 2006, Telesis merged with Partnertel, Inc. and Telecentrix, LLC, which were telecommunications...
Read More Many financial services firms have at some point been members of the Financial Industry Regulatory Authority (“FINRA”), or its predecessor, the National Association of Securities Dealers (“NASD”). As part of FINRA/NASD’s rules, members are required to arbitrate certain claims, including, among others, claims involving former employees. Metropolitan Life Insurance Company...
Read More Georgia’s old common law was extremely hostile to the enforcement of restrictive covenants, particularly non-competes. However, even under Georgia’s old regime, covenants which prohibit a former employee from recruiting or soliciting employees of his or her former employer are subject to less scrutiny. That said, while these types of covenants...
Read More This blog has previously discussed various rulings in Earthcam, Inc. v. Oxblue Corporation, No. 1:11-CV-2278-WSD (N.D. Ga.). (Click here, here, and here). This entry covers the Court’s ruling on another motion filed by the defendants. Earthcam, Inc. v. Oxblue Corporation, No. 1:11-cv-2278-WSD, 2014 WL 793522 (N.D. Ga. February 26, 2014).One...
Read More This blog previously discussed various rulings in Earthcam, Inc. v. Oxblue Corporation. (click here and here). This blog entry deals with Earthcam’s belated attempt to make an expert designation.Early on in the case, the Court had held a status conference regarding the progress of discovery. The Court had suggested in this meeting...
Read More This blog previously discussed the non-compete agreements implemented by Jimmy John’s (click here and here). Now there are new developments. According to the Huffington Post article below, the New York Attorney General has sent a letter to Jimmy John’s sandwich shops asking for information regarding their non-competes. Also, according to...
Read More This blog previously discussed the Court’s rulings on discovery disputes in Earthcam, Inc. v. Oxblue Corporation, No. 1:11-CV-2278-WSD, 2013 WL 1693959 (N.D. Ga. April 17, 2013), a lawsuit involving competitors in the camera technology industry (click here). This blog entry addresses another ruling by the Court.One of Earthcam’s claims against...
Read More Earthcam, Inc. v. Oxblue Corporation, No. 1:11-CV-2278-WSD, 2013 WL 1693959 (N.D. Ga. April 17, 2013), is a dispute between competitors in the camera technology industry. Earthcam, Inc. (“Earthcam”) brought a lawsuit against Oxblue Corporation (“Oxblue”), as well as Oxblue’s officers. Earthcam alleged that the defendants engaged in corporate espionage to...
Read More Ebola has captured the news this week, but there was also a very interesting story for those that follow non-compete news. According to the article below, Jimmy John’s has a standard employment agreement that it uses for workers at its sandwich stores. The agreement is part of a standard employment...
Read More Matthew Focht Enterprises, Inc. v. Michael Lepore, No. 1:12-CV-4479-WSD, 2014 WL 1153338 (N.D. Ga. March 21, 2014), involved claims against a former sales representative of a sales organization that sells credit card processing services to retail merchants on behalf of credit card processing companies. This blog previously addressed a threshold...
Read More Employees will try to avoid the enforcement of non-competes in a variety of ways. In Mapei Corporation v. Prosser, — S.E.2d —, 2014 WL 3282090 (Ga. App. July 9, 2014), an employee was able to avoid his non-compete because he signed a subsequent restrictive covenant agreement which did not contain...
Read More An interesting battle is brewing between Google and Amazon over a former employee who left Amazon to join Google. Amazon has sued the former employee, and now Google is seeking to intervene to try to protect its trade secrets and confidential information. Here is a link to a synopsis of...
Read More Physician non-compete agreements implicate two conflicting public policy considerations: the legitimate business interests of medical practices in protecting against unfair competition and doctors’ ethical obligations with respect to patient care.With respect to this second consideration, long term stability in a patient’s relationship with his or her doctor can have an...
Read More It may be difficult to think about this past winter as the mercury makes its ascent to the balmy spring and summer temperatures to which Atlantans have become accustomed. However, it was not too long ago when Georgia endured one of its most severe winters in recent history, including a...
Read More Supply Basket, Inc. v. Global Equipment Company, Inc., Civil Action No: 1:13-cv-3220-RWS, 2013 WL 5729574 (N.D. Ga. Oct. 22 2013), illustrates some of the issues that frequently come into play when parties battle over the particular forum where a non-compete dispute should be litigated.The individual plaintiffs in Supply Basket were...
Read More The alleged misappropriation of pricing information is often the subject matter of trade secrets cases. Sometimes pricing information is a protectable trade secret, and sometimes it is not. T.V.D.B. Sarl v. KAPLA USA, LP, No. 4:12-cv-230, 2013 WL 6623186 (S.D. Ga. Dec. 16 2013), illustrates when pricing information can constitute...
Read More In the digital age, unfair competition cases between employers and employees often involve computer misconduct and claims under the federal and state statutes that regulate such misconduct. One such statute is the Georgia Computer Systems Protection Act, O.C.G.A. § 16-9-90 et. seq. (“GCSPA”). See also, generally, DuCom v. State, 288...
Read More Leedom Management Group, Inc. v. Perlmutter, 2013 WL 5340781 (11th Cir. Sept. 25, 2013), involved the appeal of the scope of a preliminary injunction enjoining competition. Leedom Management Group provides automated clearing house and credit card processing services to automobile dealerships. Susan Perlmutter is Leedom’s former employee. Perlmutter’s employment agreement with...
Read More The European Union has adopted a proposal for a directive which will reform trade secrets laws across member nations. The EU’s goal appears to be to increase European businesses’ ability to protect trade secrets and proprietary business information, and to harmonize this area of the law for member nations. The...
Read More Many unfair competition cases in the digital era involve allegations of computer misconduct. Several federal statutes may provide former employers a cause of action for such misconduct, including the Computer Fraud and Abuse Act and the Stored Communication Act. The rise in the use of these claims has brought an...
Read More Matthew Focht Enterprises, Inc. v. Lepore, 2013 WL 4806938 (ND Ga., Sept. 9, 2013), involved the validity of restrictive covenants in an independent contractor agreement.Matthew Focht Enterprises, Inc. (“MFE”) processes credit card, debit card, gift card, loyalty card, leasing and ACH payments, for merchants. Lepore markets services to business entities...
Read More Much has been written about the federal Computer Fraud and Abuse Act (“CFAA”) and the divergent views among courts regarding the CFAA’s reach. In Power Equipment Maintenance, Inc. v. Airco Power Services, Inc., 2013 WL 3422779 (S.D. Ga. June 28, 2013), Judge Moore narrowly construed the reach of the CFAA.Power Equipment...
Read More Primary Investments, LLC v. Wee Tender Care, III, Inc., 2013 WL 3665318 (Ga. App. July 16, 2013), involves a dispute arising out of the sale of Primary Prep Academy, a child care facility. In 2008, Primary, LLC sold N& N Holdings, LLC the assets of a child care business. Marguerite...
Read More Protz v. Bock & Clark Corp., Civil Action No: 1:13-cv-1281-JEC, 2013 WL1898142 (N.D. Ga. May 7, 2013), involves the validity of a forum selection clause in an employment agreement containing restrictive covenants. Steven Protz was employed by Bock & Clark. His employment agreement with Bock & Clark contained a broad...
Read More Limited liability companies are popular, in part, because of the flexibility they allow owners in structuring business relationships. Courts are typically loath to interfere with these arms-length dealings between business people. But when LLC members structure their business relationships to thwart the rights of others, Georgia Courts may intervene to...
Read More Much has been written about the issues surrounding when Georgia’s new restrictive covenants law took effect. House Bill 173 was intended to take effect on November 3, 2010, the day following ratification of an amendment to Georgia’s Constitution which allowed Georgia’s General Assembly to legislate more freely in the area of...
Read More Drawdy CPA Services, P.C. v. North Ga CPA Services, P.C., — S.E.2d –, 2013 WL 1189274 (Ga. App. March 25, 2013), pitted a CPA firm against its former employee and the new company she formed.Jamie Pritchett was employed with and worked for Drawdy CPA Services, P.C. and its principal, John...
Read More Astral Health & Beauty, Inc. v. Aloette of Mid-Mississippi, Inc., Civil Action No: 1:12-CV-1904-WBH, 2012 WL 4714890 (N.D. Ga. Oct. 1, 2012), involves a somewhat unusual set of facts.The plaintiff was a franchisor which supplies skin care and beauty products to its franchisees who sell the products. The plaintiff had...
Read More Fantastic Sams Salon Corporation v. Maxie Enterprises, Inc., 2012 WL 210889 (M.D. Ga. Jan. 24, 2012) demonstrates how Georgia’s old common law, which governs agreements containing restrictive covenants which were entered into prior to the enactment of Georgia’s new Restrictive Covenants Act, considers restrictive covenants in franchise agreements in partial...
Read More Clark v. Johnson Truck Bodies, LLC involves an unusual procedural disposition of a former employee’s declaratory judgment action. 2012 WL 1014827 (S.D. Ga. March 23, 2012).Richard Clark was hired by Johnson Truck Bodies, LLC (“JTB”) in September of 2008. Mr. Clark resided in Georgia and sold insulated truck bodies for...
Read More In Robbins v. Supermarket Equipment Sales, LLC, 290 Ga. 462, 722 S.E.2d 55 (2012), the Georgia Supreme Court addressed preemption under the Georgia Trade Secrets Act (“GTSA”). Preemption is an issue that arises with some frequency in cases where a party asserts claims under the GTSA and also asserts common-law...
Read More Moorad v. Affordable Interior Systems, LLC, 2012 WL 162289 (N.D. Ga. Jan. 18, 2012) involved multi-district litigation over restrictive covenants which were unenforceable under Georgia law.David Moorad was employed by Affordable Interior Systems, LLC (“AIS”) as its Vice President of Sales. He signed an agreement containing restrictive covenants in 2007. ...
Read More In Hill v. Best Medical International, Inc., Civil Action File Nos. 07-1709, 08-1404, 09-1194, 2011 WL6749036 (W.D. Pa. Dec. 22, 2011), Judge Standish, following his entry of summary judgment against Best Medical International, Inc. (“BMI”), slapped BMI with a substantial attorney’s fees award for pursuing trade secrets claims in bad...
Read More Crump Insurance Services v. All Risks, Ltd., 2012 WL 1058563 (Ga. App. March 28, 2012), demonstrates the showing that an employee in a declaratory judgment action must make to invalidate a forum selection clause in his or her employment agreement.Alejandro Duran, Carl Feldhaus, and Jordan Yoss were employed in Georgia...
Read More The following is a link to an excellent article on steps employers can take to protect their trade secrets and confidential information: http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202558721899 (subscription may be required)
Read More Advanced Technology Services, Inc. v. KM Docs, LLC, Civil Action File No. 1:11-CV-3121-TWT, 2011, WL 5870545 (N.D. Ga. Nov. 21, 2011), involved a dispute between two companies who provide document imaging software. The plaintiff, Advanced Technology Services, Inc.(“ATS”), sells a program called OptiDoc, which is a document management program that integrates...
Read More Several opinions from the Georgia appellate courts, as well as several decisions from the federal courts in Georgia, have addressed whether restrictive covenants entered into at the time that an owner of a business sells his or her ownership interest should be subjected to strict scrutiny or should be subjected...
Read More The claims in Cartel Asset Mgmt, Inc. v. Altisource Portfolio Solutions, S.A., 2011 WL 6015024, *2 (N.D. Ga. Dec. 1, 2011), arose out of actions by the Defendants’ predecessors. In 2000, Ocwen Federal Bank (“OFB”) was a customer of the Plaintiff, Cartel Asset Management, Inc. (“CAM”). CAM had developed a...
Read More This blog has previously discussed decisions explaining the analysis to be undertaken when a defendant removes an action in which the plaintiff seeks a declaratory judgment that his or her restrictive covenants are unenforceable to federal court, and the plaintiff then files a motion to remand the action to state...
Read More Can an Employer Own its Employees' LinkedIn Accounts? Judge Buckwalter of the Eastern District of Pennsylvania recently issued an interesting opinion dissecting an employer’s claim of ownership of its former employee’s LinkedIn account. Please click here to read an interesting blog post discussing the opinion.
Read More The facts and claims at issue in B & F System, Inc. v. Leblanc, Civil Action No. 7:07-CV-192 (HL), 2011 WL 4103576 (M.D. Ga. Sept. 14, 2011), are very detailed and complex. One ruling in Judge Lawson’s lengthy opinion is of particular interest to this blog.Some of the parties to...
Read More Sitton v. Print Direction, Inc., — S.E. 2d. —, 2011 WL 4469712 (Ga. App. Sept. 28, 2011), involved a peculiar application of some of the claims often at issue in unfair competition disputes between employers and their former employees.Larry Sitton was formerly employed by Print Direction, Inc. (“PDI”), a commercial...
Read More Optical Systems Technology, Inc. (“OSTI”) and Knights Armament Company (“KAC”) were the main parties in Knights Armament Company v. Optical Systems Technology, Inc., No. 09-14480, — F.3d. —, 2011 WL 3889156 (11th Cir. Sept. 2, 2011). OSTI and KAC had partnered to sell clip-on night vision devices. OSTI manufactured these...
Read More For over a century, Georgia law has been extremely hostile with respect to the enforcement of non-competes and other restrictive covenants in the employment context. An employer who sent a cease-and-desist letter to its former employee after he went to work for a competitor and was calling on his customers...
Read More In Murphree v. Yancey Brothers Company, — S.E.2d —, 2011 WL 4375216 (Ga. App. September 21, 2011), the trial court had entered an interlocutory injunction enforcing Edward Murphree’s non-solicitation covenant and prohibiting any continued or future misappropriation of his former employer’s trade secrets. Mr. Murphree appealed the injunction, arguing primarily...
Read More As this blog has covered extensively, restrictive covenant law in Georgia recently underwent significant changes. One of the most notable changes is that Georgia judges can now modify or “blue pencil” overly broad restrictive covenants.PointeNorth Ins. Group v. Zander, Civil Action No. 1:11-CV -3262-RWS, 2011 WL 4601028 (N.D. Ga. Sept....
Read More In Paragon Technologies, Inc. v. InfoSmart Technologies, Inc., —S.E.2d —, 2011 5382035 (Ga. App. Nov. 9, 2011), the Georgia Court of Appeals confirmed that strict scrutiny applies to restrictive covenants in independent contractor agreements.InfoSmart Technologies, Inc. (“InfoSmart”) had entered into an independent contractor agreement with Paragon Technologies, Inc. (“Paragon”). Under...
Read More Trotman v. Velociteach Project Management, LLC, — S.E.2d. –, 2011 WL 2697042 (Ga. App. July 13, 2011), involved misconduct by a former instructor of Velociteach Project Managements, LLC (“Velociteach”).Velociteach offers project management training courses to students seeking a Project Management Professional credential. Mr. Trotman was a former instructor for Velociteach. ...
Read More Smith v. Willis Insurance Services of Georgia, Inc., No. 1:11-CV-756-TWT, 2011 WL 2749556 (N.D. Ga. July 13, 2011), involved a battle over whether a declaratory judgment action filed in a Georgia state court was properly removed to federal court.Litigation between the parties arose when William Moody and Eric Smith left...
Read More Cincinnati Bar Association v. Hackett, 129 Ohio St.3d 186, 950 N.E.2d 969, 2011-Ohio-3096 (Ohio June 30, 2011), illustrates how many jurisdictions will refuse to enforce covenants restricting competition against attorneys on public policy grounds.In Hackett, a bar complaint was filed against an attorney charging that he offered and participated in...
Read More In McMillian v. McMillian, — S.E.2d –, 2011 WL 2685722 (Ga. App. July 12, 2011), the Georgia Court of Appeals held that where one partner is claiming another partner misappropriated business opportunities belonging to the partnership, the remaining partner is entitled to discovery regarding the financial records of his or...
Read More Cadillac Jack, Inc. v. Eclipse Gaming Systems, LLC, No. 1-10-CV-03193-RWS, 2011 WL 2883442 (N.D. Ga. July 15, 2011), addressed whether a merger clause in a release agreement barred claims for breach of restrictive covenants in an earlier employment agreement.Cadillac Jack supplies games and systems to the gaming industry. When Mr....
Read More In Javier Aviles v. Charles Schwab & Co., Inc., No. 10-1226 (11th Cir. July 20, 2011), a former employee of Charles Schwab was unsuccessful in persuading the Eleventh Circuit to vacate an award entered against him in an arbitration before the Financial Industry Regulatory Authority.Javier Aviles was an employee of...
Read More The Georgia Court of Appeals’ recent decision in Sutter Capital Management, LLC v. Wells Capital, Inc., — S.E.2d –, 2011 WL 2697058, (Ga. App. July 13, 2011), offers an interesting analysis of the Georgia Trade Secrets Act’s requirement that a trade secret derive economic value as a result of its...
Read More The Court’s ruling in Rowland v. International Paper Company, Civil Action No. 1:10-CV-3443-RWS, 2011 WL 1457194 (N.D. Ga. April 15, 2011), reflects an interesting and unusual resolution to the typical fact pattern of an employee seeking to obtain declaratory relief regarding his restrictive covenants in a Georgia forum and his...
Read More In Figueroa v. Precision Surgical, Inc., No. 10–4449, 2011 WL 1368778 (3rd Cir. April 12, 2011), the Third Circuit Court of Appeals affirmed the denial of a motion for preliminary injunction against the former employee of a surgical supplies and equipment distributor. Joseph Figueroa was an independent sales representative for...
Read More News America Marketing In-Store, LLC v. Emmel, No. 09-11858, 2011 WL 2222040 (11th Cir. June 8, 2011), addresses the somewhat unusual question of whether sending documents one day prior to executing a non-disclosure agreement could constitute a violation of the agreement.Mr. Emmel was employed with News America Marketing In-Store, LLC...
Read More As we have reported in prior issues of this newsletter, Georgia’s non-compete law has recently undergone significant changes. The new Restrictive Covenants Act, O.C.G.A. § 13-8-50 et seq. (the “Act”) was supposed to take effect last November following the approval of a ballot referendum which amended Georgia’s Constitution to allow...
Read More Weiner v. Tootsie Roll Industries, Inc., No. 10-12989, 2011 WL 311668 (11th Cir. Feb. 2, 2011) (not selected for publication), provides a good illustration of some of the procedural variables that may arise when a litigant files a lawsuit in a Georgia state court seeking to have a non-compete declared...
Read More Many people think poorly of used car salesmen because of their aggressive and predatory sales techniques. One luxury car dealership in St. Louis thinks poorly of Daniel Baker, a salesman who used to work for the dealership, for other reasons.On April 7th, St. Louis Motorsports filed suit against Mr. Baker in...
Read More On our January 28, 2011 blog entry, we informed you that House Bill 30 had been introduced in the Georgia House of Representatives to “re-enact” House Bill 173. House Bill 30 was introduced in light of concerns about the validity of House Bill 173. Specifically, an argument can be made...
Read More Cox v. Altus Healthcare and Hospice, Inc., –S.E.2d–, 2011 WL 198388 (Ga. App. Jan. 24, 2011), is the first appellate decision in Georgia to cite Georgia’s new restrictive covenants law, which recently went into effect. The decision confirms that the Court of Appeals will apply pre-existing case law to decide...
Read More As this blog and others have discussed, the question of when Georgia’s new restrictive covenants law went into effect is somewhat unclear. By its own terms, House Bill 173 went into effect on November 3, 2010, the day after voters ratified an amendment to Georgia’s Constitution to allow the legislature...
Read More For over a century, Georgia law has been extremely hostile with respect to the enforcement of non-competes and other restrictive covenants in the employment context. An employer who sent a cease-and-desist letter to its former employee after he went to work for a competitor and was calling on his customers...
Read More On Tuesday, November 2, 2010, Amendment One – a referendum to amend Georgia’s Constitution with respect to the Georgia legislature’s authority to legislate concerning restrictive covenants – passed overwhelmingly. Does the referendum’s passage mean that Georgia’s restrictive covenants law has now changed? Unfortunately, the timing of when Georgia law officially...
Read More On November 2, 2010, Georgia voters were asked to vote on Amendment One, a ballot referendum to amend the Georgia Constitution to grant the state legislature greater authority to regulate the reasonableness of contracts containing restrictive covenants, such as non-competes. Amendment One passed overwhelmingly, with approximately 67% of voters voting...
Read More With Election Day around the corner, many Georgia newspapers have written on the five ballot measures that Georgia voters will be called upon to vote for or against. As this blog has written about extensively, one such measure is Amendment One. Amendment One, if passed, would amend Georgia's Constitution to...
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Neal's Presentations
On September 2, 2020, Neal moderated a panel, “Forensics and Artificial Intelligence in Trade Secret Protection and Litigation/Ethics in Trade Secret Investigations and Litigation” at the AIPLA 2020 Trade Secret Law Summit.
On February 24, 2020, Neal was a featured speaker on a State Bar of Georgia panel, “Trade Secrets Audits and Asset Management.”
On January 10, 2020, Neal presented “Trade Secrets, Confidential Information and Computer Fraud and Abuse” at the ICLE: State Bar of Georgia Series seminar “Restrictive Covenants and Trade Secrets in Georgia.”
On January 10, 2020, Neal moderated a panel, “Advising Employers and Employees During the Hiring Process – Do’s and Don’ts” at the ICLE: State Bar of Georgia Series seminar “Restrictive Covenants and Trade Secrets in Georgia.”
On November 5, 2019, Neal presented “Noncompetes and other Restrictive Covenants” at the Atlanta Bar Association’s “But You Said You’re a Lawyer” seminar.
On September 11, 2019, Neal presented to Fulton Superior Court Judges and Staff attorneys, “Georgia Trade Secret Law: Everything You Need to Know About Trade Secrets in 60 Minutes.”
On April 4, 2019, Neal presented “Trade Secrets: Protecting the Hidden Practice of Your Ideas.” Neal’s presentation was part of an intellectual law property law workshop for faculty and students at the Georgia Tech InVenture Prize competition.
On March 22, 2019, Neal moderated “Proactively Dealing with Confidential/Trade Secret Information when Advising a Departing Employee/New Employer” at the AIPLA 2019 Trade Secret Law Summit in New York.
On January 10, 2019, Neal presented “Trade Secrets, Confidential Information and Computer Fraud and Abuse” at the State Bar of Georgia’s ICLE seminar, “Restrictive Covenants and Trade Secrets in Georgia.”
On October 3, 2018, Neal co-presented to Fulton County Superior Court judges & staff attorneys, “Georgia’s Restrictive Covenant Act: Where Does Georgia Noncompete Law Stand Now?”
On March 20, 2018, Neal presented “Restrictive Covenant Litigation” at the Business Litigation seminar hosted by the Institute of Continuing Legal Education in Georgia.
On March 1, 2018, Neal facilitated a discussion titled, “Drafting and Litigating Noncompete and Trade Secret Matters Outside your Jurisdiction” at the American Intellectual Property Law Association’s Trade Secret Summit in San Diego.
On January 11, 2018, Neal was a guest speaker at the State Bar of Georgia’s Institute of Continuing Legal Education program, “Restrictive Covenants & Trade Secrets in Georgia.” He discussed trade secrets, confidential information and computer fraud and abuse. He also participated on a panel that discussed injunctions, declaratory judgments and protective orders.
On October 25, 2017, Neal was a guest speaker at the Atlanta Bar Association’s program, “But you said you’re a Lawyer?! Topics every Lawyer Should Know (A Little) About.” Neal discussed non-compete agreements.
On September 14, 2017, Neal was a guest speaker at the Federal Bar Association’s Annual Meeting. Neal discussed the federal Defend Trade Secrets Act as part of a program titled, “Trade Secret Protection Goes Federal.”
On March 3, 2017, Neal moderated a panel with Judge Duffey of the Northern District of Georgia at the American Intellectual Property Law Association’s Trade Secret Law Summit. The panel, “Perspectives The From Bench: How Judges View The Growth and Scope Of Trade Secret and Restrictive Covenant Disputes,” addressed various issues relating to trade secret and restrictive covenant litigation.
On February 7, 2017, Neal presented “Common Evidentiary Foundations and Evidentiary Rules for TROs and Preliminary Injunctions” at a seminar hosted by the Atlanta Bar Association.
On January 25, 2017, Neal presented “Trade Secrets, Confidential Information and Computer Fraud and Abuse” at the State Bar of Georgia’s annual seminar on Restrictive Covenants and Trade Secrets.
On June 21, 2016, Neal co-presented “The Defend Trade Secrets Act: Trade Secret Protection Goes Federal.” Neal’s webinar was broadcast statewide by the Institute of Continuing Legal Education in Georgia.
On March 2, 2016, Neal presented “Georgia’s Restrictive Covenant Act: How Has it Impacted Non-Compete Practice?” at the Fulton County Business Court’s monthly seminar. Attendees included state and superior judges and staff attorneys.
On January 14, 2016, Neal spoke on “Recent Federal and State Legislative Developments in Trade Secret and Non-Compete Law” at the annual Restrictive Covenants and Trade Secrets seminar.
On November 13, 2015, Neal presented at the American Intellectual Property Law Association’s Trade Secret Summit in Boston. His presentation was titled “Making Smarter Trade Secret Decisions by Assessing the Overall IP Portfolio, Economic Value and Enforcement and Damage Strategies – Damage Strategies from Outside Counsel’s Perspective.”
On October 22, 2015, Neal was a guest attorney/lecturer at a Contract Drafting class at Emory University School of Law. Neal led a discussion on drafting non-competes and other restrictive covenants. He also addressed other contractual issues that arise when employees leave companies and ways companies can protect confidential information from theft.
On July 14, 2015, Neal presented “Unfair Competition 101: A Primer for Business Owners and Employees” at the Tulane Alumni Association Business Breakfast in Atlanta.
On May 22, 2015, Neal presented “Recent Developments in Georgia Non-Compete Law” at a continuing legal education seminar for attorneys. The Employment Law seminar was held at Mercer University Walter F. George School of Law in Macon, Ga.
On December 3, 2014, Neal presented “Recent Developments in Georgia Trade Secrets Law” at a trade secrets seminar sponsored by the Young Lawyers Division’s Labor & Employment Committee.
On October 6, 2014, Neal served as a facilitator at The Law Partners International seminar “Moral Achievement: The Defining Characteristic of Good Lawyering.” The seminar featured Avarita Hanson, Executive Director of the Chief Justice’s Commission on Professionalism.
On October 2, 2014, Neal co-presented ”Evidence Collection in the Mobile Age: Obstacles & Opportunities in Mobile Forensic Collections” as part of the American Intellectual Property Law Association’s Trade Secret Law Committee Education Series.
On February 26, 2014, Neal spoke via webinar to the Trade Secrets Committee of the American Intellectual Property Law Association. Neal spoke on the use of electronic mobile devices in the workplace and the policies that should be implemented to protect trade secrets which may exist on such devices.
In March 2013, Neal was a panel participant at the Atlanta Bar Association Labor & Employment Law Section seminar on Advanced Employment Law. Neal offered advice on what employers can do to avoid jeopardizing intellectual property when employees depart.
Neal's Representative Matters
Obtained dismissal with prejudice of federal lawsuit seeking COBRA penalties and damages brought by former employee of company that provides military equipment training and design and manufacturers military simulation products.
Obtained favorable settlement for company that provides travel technology and data services in federal lawsuit against former employees alleged to have taken proprietary company’s software.
Successfully defended trade secrets claims brought by international animal health company against former veterinary products sales representatives who moved to a competitor.
Defended former key employees of transportation logistics company against efforts to enforce over broad restrictive covenants. Obtained denial of motion for temporary restraining order in action filed against employees in Delaware. Obtained declaratory judgment from Georgia court that one of the employee’s covenants were unenforceable. Also obtained declaratory judgment on behalf of new employer with respect to both employees’ over broad restrictive covenants. Successfully obtained voluntary dismissal of arbitration against second employee based on results in other actions.
Obtained favorable settlement of claims brought by former employee of credit card merchant processing company for alleged breach of stock option agreement.
Represented former employees of third-party logistics company in federal lawsuit filed by former employer against new employer and employees based on alleged raiding and trade secrets violations. Obtained favorable settlement of all claims.
Obtained favorable settlement of lawsuit against client which provides in-home nursing services based on hiring of former employee of competing company who was subject to unenforceable restrictive covenants.
Assisted owner of mail order jewelry company in disputes with former partner; including filing lawsuit to recover debts owed on jointly-owned property. Obtained favorable settlement of all claims relating to partnership.
Obtained favorable settlement for publicly traded software development and e-commerce firm in defense of claims by former customer for fraud and breach of contract.
Obtained favorable settlement of claims by client that buys and sells large apartment complexes against buyer which breached employee non-recruitment provision in the parties’ purchase and sale agreement.
Successfully defended executive in temporary and contract staffing business in federal lawsuit where former employer, a large multi-national company, sought to enjoin executive from violating over broad non-compete agreement.
Obtained favorable settlement of dispute between adjoining homeowners in Midtown Atlanta over ownership of alleyway in between their properties.
Obtained dismissal of pregnancy discrimination claim against thrift store.
Enforced restrictive covenants in South Carolina lawsuit against former owner of company acquired by client, a large, national installation sub-contractor.
Obtained judgment on behalf of credit card merchant processing company for unpaid draw owed by sales representative.
Obtained summary judgment and attorneys’ fees award in defense of claims by tenant against real estate broker seeking return of security deposit and alleging self-help and other damages.
Obtained dismissal on statute of limitations grounds of premises liability claims arising from shooting at a hotel.
Obtained favorable settlement of federal lawsuit alleging Fair Housing Act discrimination against extended-stay hotel
Obtained jury verdict for all damages sought following four-day trial in federal court in Alabama on claims for finder’s fee owed to broker of steel manufacturing facility.
Provided substantial research and assistance for trial on securities fraud claims in which the plaintiff sought over $5 million in damages against the former CEO of a public company in the gaming business. Trial resulted in a directed verdict on all claims at the close of the plaintiff’s case.
Obtained dismissal on jurisdictional grounds of federal copyright infringement action brought by copyright troll against website owner who was alleged to have improperly replicated a news-related image from the Denver Post’s website.
Obtained favorable settlement of FINRA arbitration against former employee of large brokerage who was alleged to have violated non-solicitation covenants and to have taken trade secrets in connection with transitioning to a new firm.
Obtained injunction against former employee of company which provides multi-cultural health care marketing, health management and health care communications solutions based on her theft of proprietary company information.
