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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, Neal Weinrich, Collin Freer and Amy Dehnel

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 …

Direct Response Products: Round Two

By Collin L. Freer

In my last entry, I discussed pleading standards for non-compete cases as addressed in Direct Response Products, Inc. v. Thomas, 2013 WL 5890473 (N.D. Ga. Nov. 1, 2013).  The companion case, Direct Response Products, Inc. v. Roderick, 2013 WL 5890407 (N.D. Ga. Nov. 1, 2013), considers a …

When Is Pricing Information a Trade Secret?

By Neal Weinrich

The alleged misappropriation of pricing information is often the subject matter of trade secrets cases.  Sometimes pricing information is a protectable trade secret, and sometimes it is not.  T.V.D.B. Sarl v. KAPLA USA, LP, No. 4:12-cv-230, 2013 WL 6623186 (S.D. Ga. Dec. 16 2013), illustrates when pricing information …

Northern District of Georgia Clarifies Damages Pleadings Standard in Non-Compete Cases Where Jurisdiction is Based on Diversity

By Collin L. Freer

The United States District Court For the Northern District of Georgia has shed light on the pleadings standard applicable to damages allegations in non-compete cases where the basis of the federal court’s subject matter jurisdiction is diversity of citizenship.  In Direct Response Products, Inc. v. Thomas, 2013 …