Published in the Georgia Bar Journal (October 2020):
Georgia historically disfavored covenants not to compete and other restrictive covenants, particularly in the employment context. This hostility was rooted in Georgia’s Constitution, which provided that all contracts that had the effect of or were intended to defeat or lessen competition or encourage monopolies were illegal and void.
In the mid-2000’s, members of Georgia’s business community started lobbying for revisions to Georgia’s restrictive covenant law. This article discusses the flurry of decisions issued by the Court of Appeals of Georgia providing guidance on the “new” noncompete law, as well as several opinions of significance from the federal judiciary.
CLICK HERE to read “Nearly a Decade Later: Surveying Georgia’s “New” Noncompete Law”