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Georgia's Restrictive Covenant Act is Now Law. How Will it Impact Your Business?

05.24.2011

On May 11, Georgia Governor Nathan Deal signed into law the Georgia Restrictive Covenant Act.  The Act dramatically changes the enforceability of restrictive covenants entered into on or after May 11, 2011.  Specifically, the Act will depart significantly from current Georgia case law by:

  • Expressly permitting restrictive covenants;
  • Setting specific standards for drafting restrictive covenants;
  • Empowering Georgia Courts to 'blue pencil" restrictive covenants;
  • Defining terms commonly used in restrictive covenants; and
  • Establishing reasonably presumptive time limits.

Please join us for a webinar to discuss these changes and how they will impact your business.  We will also address tips for preparing new agreements to take full advantage of the broader protections afforded by the Act, and review strategies for implementing those agreements.

About our presenters:

Jason D'Cruz

is a partner in the firm's Executive Compensation and Employment Law Practice. Mr. D’Cruz practices in the areas of employment law, executive compensation, and restrictive covenant litigation. He provides executive compensation analysis and guidance to corporations and senior executives. Mr. D’Cruz also advises companies on multi-state employment issues such as compliance, policy and procedure reviews, hiring and separation issues, and restrictive covenants. He received his bachelor's degree from St. Louis University, cum laude, and his law degree from Wake Forest University. 

Brian Harris

is a partner in the firm’s Executive Compensation and Employment Law Practice. Mr. Harris focuses on representing and counseling public and private companies with regard to employment laws, executive compensation, and restrictive covenants. Mr. Harris frequently counsels clients with regard to negotiating and drafting executive employment agreements, separation and change-in-control agreements, and retention and bonus arrangements.  He provides employment law and executive compensation advice and analysis in connection with corporate mergers and acquisitions, and advises companies regarding a wide range of human resources issues and applicable employment laws.  Mr. Harris received his bachelor's degree, cum laude, and his law degree from Duke University.

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