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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. The amendment allows for the
implementation of House Bill 173, which is a comprehensive statute governing
post-employment and other restrictive covenants. Historically, Georgia has been
one of the most difficult states in which to enforce post-employment
restrictive covenants. Employers have been forced to rely upon an assortment of
confusing and often conflicting court opinions for guidance on what is and is
not enforceable. The recently enacted statute is designed to bring about employer friendly changes to the
law by eliminating the guesswork and making it easier to draft and enforce
post-employment restrictive covenants.
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