Georgia Considering New Statute To Provide Guidance on Enforcement of Non-Competes

In response to the strict scrutiny given restrictive covenants by Georgia courts, a coalition is seeking to pass legislation that would allow for the enforcement of reasonable non-compete and non-solicitation covenants. The goal of the proposed statute, as emphasized in its legislative findings, is "to provide statutory guidance so that all parties to such agreements may be certain of the validity and enforceability . . . and know their rights and duties according to such provisions."

The proposed legislation can be found at http://www.legis.ga.gov/legis/2009_10/sum/hb173.htm.