1 / 8

Covenants Not to Compete

Covenants Not to Compete. Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta. Covenants Not to Compete. Non-employment related related to sale of business e.g., Joe the Baker. Employment-related. Brenda Wood.

phyre
Download Presentation

Covenants Not to Compete

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Covenants Not to Compete Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta

  2. Covenants Not to Compete • Non-employment related • related to sale of business • e.g., Joe the Baker • Employment-related

  3. Brenda Wood • Brenda Wood agreed not to work as an on-air news anchor in the Atlanta/Athens television market for 6 months.

  4. Covenants Not to Compete • Scope • agreement must specify what activity is to be limited • Geography • be careful of terms like Atlanta • Duration • e.g., 6 months, 1 year, 2 years

  5. Laws Vary From State to State • California will not enforce such an agreement as an illegal restraint of trade • Georgia used to be very strict about enforcement of these covenants • would not “blue pencil” such an agreement

  6. Election Day 2010 • Georgia Constitutional Amendment • “Shall the Constitution of Georgia be amended so as to make Georgia more economically competitive by authorizing legislation to uphold reasonable competitive agreements?” • 68% said “Yes”

  7. O.C.G.A. § 13-8-50 et seq. • Courts may now “blue pencil” the agreement • Two years is presumed reasonable • Need not specify a geographic restriction • Law targets “key employees” • executive employees • employees in possession of important confidential information, or • employees with specialized skills, knowledge, or customer contacts or information

More Related