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Welcome to Georgia

We developed this blog to provide timely and important legal updates and helpful insights for employers, employees and attorneys. Be sure to check this blog regularly as a valuable resource to keep you abreast of non-compete, trade secret and other competition-related legal issues in Georgia as well as other significant updates from other states.

We hope you will find this blog useful and informative.

Benjamin Fink and Neal Weinrich

Questions of Fact on Employer’s Breach of Fiduciary Duty Claim

By Neal Weinrich

Matthew Focht Enterprises, Inc. v. Michael Lepore, No. 1:12-CV-4479-WSD, 2014 WL 1153338 (N.D. Ga. March 21, 2014), involved claims against a former sales representative of a sales organization that sells credit card processing services to retail merchants on behalf of credit card processing companies.  This blog previously addressed …

House Panel Approves Trade Secrets Bill

By Benjamin Fink

On Wednesday September 17, 2014, the Judiciary Committee of the U.S. House of Representatives approved the Defend Trade Secrets Act.  The act would create a federal private right of action for trade secret theft. 

An amendment introduced by some Democrats sought to strike the ex parte seizure provisions …

Merger Clauses in Non-Compete Agreements

By Neal Weinrich

     Employees will try to avoid the enforcement of non-competes in a variety of ways.  In Mapei Corporation v. Prosser, — S.E.2d —, 2014 WL 3282090 (Ga. App. July 9, 2014), an employee was able to avoid his non-compete because he signed a subsequent restrictive covenant agreement which …

Internet Behemoths Battle Over Employee

By Neal Weinrich

An interesting battle is brewing between Google and Amazon over a former employee who left Amazon to join Google.  Amazon has sued the former employee, and now Google is seeking to intervene to try to protect its trade secrets and confidential information.  Here is a link to a …

Bi-Partisan Bill Introduced in the House of Representatives Would Create a Private Right of Action for the Trade Secret Theft Under Federal Law

By Benjamin Fink

This week, a bi-partisan bill was introduced in the House of Representatives that would create a private right of action for trade secret theft under federal law. The Trade Secrets Protection Act of 2014 (the “TSPA”) was introduced by representatives on the house judiciary committee and would create …

House Bill 322: A Proposal to Balance Competing Concerns with Respect to Physician Restrictive Covenants

By Neal Weinrich and Joshua Joel*

Physician non-compete agreements implicate two conflicting public policy considerations: the legitimate business interests of medical practices in protecting against unfair competition and doctors’ ethical obligations with respect to patient care.

With respect to this second consideration, long term stability in a patient’s relationship with his or her …

Is Legislative Hostility to Non-Competes Heating Up?

By Benjamin Fink

As regular readers of this blog may recall, we have previously questioned whether greater enforcement of non-competes is good policy and good for economic development.  In 2009 when the Georgia General Assembly was considering legislation to make non-competes significantly easier for employers to enforce against former employees, we …

Trade Secret Protection Versus Public Access to Records: Deal v. Coleman

By Collin L. Freer

As the Georgia Trade Secrets Act (O.C.G.A. section 10-1-760 et seq.) illustrates, the state’s public policy favors the protection of trade secrets.  At the same time, as the Georgia Open Records Act (O.C.G.A. section 50-18-70 et seq.) demonstrates, the state also has a longstanding public policy interest …