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
Down to the Wire for Proposed Non-Compete Reform Legislation in Massachusetts
Erik J Winton, Sarah B. Herlihy, and Shawn N. Butte have written an article regarding current efforts to reform Massachusetts non-compete law. The article, entitled Down to the Wire for Proposed Non-Compete Reform Legislation in Massachusetts and published on Jackson Lewis’ website, can be found here
Nevada Confirms Its Restrictive Covenant Law, But Rejects Blue Penciling
Elayna J. Youchach, Paul T. Trimmer, Deverie J. Christensen, and Lisa A. McClain of Jackson Lewis’ Las Vegas office have written an article on the first decision to reach the Nevada Supreme Court regarding whether state district courts may modify or “blue pencil” non-competition agreements. Read the article here
“Loyalty” Provision Actually an Unenforceable Restraint of Trade, Georgia Court Rules
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