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Georgia Approves Employer-Friendly Amendment Affecting Non-Competition, Non-Solicitation and Non-Disclosure of Confidential Information Covenants

by David Long-Daniels, Chris Puckett & Todd D. Wozniak On November 2, 2010, Georgia voters approved an amendment to the state constitution that will have a substantial impact on the drafting, negotiation, and enforcement of non-competition, non-solicitation and non-disclosure covenants in Georgia...

Virginia Noncompete, Formed After Termination of Employment, Upheld as Reasonable

Not all noncompete agreements in Virginia are subject to the restrictive rules governing noncompete agreements formed between employers and employees. Noncompete agreements entered into between two sophisticated parties outside of the employment context may be governed by the less-restrictive standards...

Validity of Restrictive Covenants Turns on Facts of Each Case

Virginia courts will not necessarily rule on the enforceability of a restrictive covenant in an employment agreement without first examining the facts. In a recent federal-court decision from Roanoke, Judge Wilson denied a defendant's motion for judgment on the pleadings in a case involving an...

11th Circuit Rules Courts Must Consider Hardship to Employee in Deciding on Florida Noncompete Injunction

Florida's noncompete statute is, no doubt, harsh on employees and extremely favorable to employers. However, the 11th Circuit Court of Appeals just made it a bit less harsh. The court ruled that, although Florida law bans the courts from considering hardship on the employee in determining whether...