On November 3, 2010, Georgia voters approved a constitutional amendment which is intended to give effect to the Restrictive Covenants Act "RCA" passed in 2009. The RCA represents a dramatic change in the law governing non-compete agreements and other restrictive covenants in Georgia. The RCA does not impact agreements entered into prior to the ratification of this amendment.
Prior to passage of the constitutional amendment, a restrictive covenant that was deemed overly broad as to time, territory or scope of activities was void in its totality. The RCA authorizes Georgia courts to "blue pencil" or "modify" non-competes or non-solicitation provisions, in order to render them enforceable. The Act will likely result in increased enforcement of restrictive covenants in a variety of circumstances. Because the RCA represents a significant departure from existing law, any company that uses restrictive covenants today should fully understand how the RCA has altered the legal landscape in this area. Join Ford & Harrison attorneys Jeff Mokotoff and John Monroe for an informative breakfast briefing discussing employers' obligations under the RCA. This breakfast briefing will cover:
* This program is pre-approved by HRCI for 1.5 hours of PHR, SPHR and GPHR recertification credit. Approval from the State Bar of Georgia is pending for 1.5 hours of CLE credit. Complimentary parking available in the Atlantic Station parking garage.