Gary R. Kessler, P.C. represents both employers and senior executives in the drafting and litigation of restrictive covenants, including the following:
- Non-competition agreements;
- Non-solicitation of customers and employees; and
- Protection of confidential and trade secret information.
Employers may require their higher-level employees to enter into non-competition and customer non-solicitation agreements as a condition of employment. Georgia has traditionally required employers to draft narrow agreements which were difficult to enforce.
Special Consideration for Georgia Clients
A 2010 Georgia Constitutional Amendment, effective January 1, 2011, authorized a new comprehensive restrictive covenant statute which provides employers with more leeway in drafting non-competition and non-solicitation agreements for its Georgia employees. That amendment provided the courts with broader discretion in enforcing these agreements, including allowing the courts to “blue pencil” or revise the agreements to reflect the intent of the parties. This change places Georgia more in line with the restrictive covenant laws in Florida, Alabama and most other states.
Executives and employers need to consider carefully both the scope of these agreements and whether it is advisable for these agreements to be presented to Executives in the first place.
Our firm has worked with many employers and executives in assessing these considerations and issues. The scope and reasonableness of these agreements is critical when a Court is asked to enforce the agreements, either as written, or to modify the agreements to reflect the intent of the parties.