In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable. On September 4,...more
In a win for Georgia employers seeking to enforce restrictive covenants, the Supreme Court of Georgia ruled that restrictive covenants are not required to contain an express geographic limitation to be enforceable under the...more
Jimmy Buffett once eloquently said that “without geography, you’re nowhere.” But how does that insight apply to restrictive covenants that lack explicit geographic limitations in Georgia? While Jimmy never got to find out,...more
Last summer, as discussed in this blog, the Georgia Court of Appeals issued a decision in N. Amer. Senior Benefits, LLC v. Wimmer that presented potential challenges for employers seeking to enforce employee non-solicitation...more
On September 6, 2023, the Georgia Supreme Court reaffirmed that Georgia courts must first determine whether a restrictive covenant is enforceable under Georgia law before applying a foreign choice-of-law provision....more
Historically, Georgia courts have declined to apply another state’s law to determine whether to enforce restrictive covenants against a Georgia employee, regardless of whether the agreement stated that another state’s law...more
In May 2011, Georgia’s Restrictive Covenant Act (OCGA 13-8-50 et seq.) (“RCA”) became effective and applied to all agreements executed on or after May 11, 2011. In 2020, the Georgia State-wide Business Court (“Business...more