Tag Archives: Georgia

New Georgia Decision Clarifies Scope of Computer Trespass Statute

By Todd Van Dyke on Posted in: Case Law update, Computer Fraud and Abuse Act, Georgia
Just as the United States Supreme Court recently limited the reach of the federal Computer Fraud and Abuse Act (“CFAA”) in Van Buren v. United States, the Georgia Supreme Court has now reined in the Georgia state law counterpart to the CFAA. Background In Kinslow v. State, No. S20G1001 (June 21, 2021), the defendant was … Continue Reading

Georgia Court of Appeals Confirms Non-Solicitation of Employees Covenant Need Not Have Geographic or Material Contact Language

By Adriana R. Midence and Colin A. Thakkar on Posted in: Employee Raiding, Non-Solicitation, Unfair Competition
As previously noted in Jackson Lewis’ Non-Compete & Trade Secrets Report, Georgia adopted legislation governing restrictive covenant agreements entered into on or after May 11, 2011. This law, however, does not address employee non-solicitation (i.e., anti-pirating) covenants, leaving courts to apply common law to such restrictions.  Georgia common law can be confusing and even contradictory … Continue Reading

What Does it Mean to “Modify” an Unenforceable Non-Competition Covenant Under Georgia’s Restrictive Covenants Act?

By Lauren F. Gordon on Posted in: Blue Penciling, Non-Compete
               Although Georgia’s Restrictive Covenants Act has been on the books since the spring of 2011, no judge has decided the exact scope of Georgia courts’ blue-penciling abilities – until now.  In a case of first impression, Judge Thrash of the United States District Court for the Northern District of Georgia, in LifeBrite Laboratories, LLC … Continue Reading

“Loyalty” Provision Actually an Unenforceable Restraint of Trade, Georgia Court Rules

By Adriana R. Midence on Posted in: Common Law Duty of Loyalty
Many employers require their employees sign agreements containing a “loyalty provision.” That is, a clause that requires the employee to devote all or most of his/her working time to the employer’s endeavors, while the employee remains employed by the employer. What many employers fail to realize, however, is that some states treat such loyalty provisions … Continue Reading

Georgia Supreme Court Rejects Inevitable Disclosure Doctrine

By Todd Van Dyke on Posted in: Injunctions, Non-Compete, Trade Secrets, Unfair Competition
The inevitable disclosure doctrine is a common law doctrine that has been used by some courts to prevent a former employee from working for a competitor, even in the absence of a non-compete, because the former employee’s new job duties would inevitably require him to rely upon, use or disclose his former employer’s trade secrets.  This … Continue Reading

The Georgia Restrictive Covenants Act – Two Years Later

By Todd Van Dyke on Posted in: Non-Compete, Non-Solicitation, Uncategorized
As previously reported in a legal alert issued by Jackson Lewis on May 12, 2011, Georgia Governor Nathan Deal signed the Georgia Restrictive Covenants Act into law almost two years ago, on May 11, 2011.  Since that time, many employers have required employees to sign new covenants that comply with the law. The Georgia Restrictive … Continue Reading
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