Non-Compete, Non-Solicit, and Non-Disclosure Agreements in Georgia

As background, non-compete, non-solicit, and non-disclosure agreements are all types of restrictive covenants. Many employers require certain employees and contractors to sign restrictive covenants that restrict competition after employment ends. Disputes often arise when an employee or contractor goes to work for a competitor, starts a competing company, takes clients, speaks poorly about their prior employer to customers, or uses employer confidential information after separation. 

While the U.S. generally values strong competition among businesses, Georgia, like many other states, allows businesses to use non-compete, non-solicit, and non-disclosure agreements to restrict certain competitive activities by former employees – so long as those restrictions comply with Georgia law. The law in Georgia that governs non-competes, non-solicits, and non-disclosure agreements is O.C.G.A. § 13-8-53. To determine your rights, it is important you speak with a, Atlanta, Georgia non-compete lawyer.

One of our core legal practice areas is providing unparalleled expert counsel and litigation services related to non-compete and trade secret disputes in Atlanta and throughout Georgia. That practice directly complements our thriving employment law and business litigation practices. You can reach us at (404) 474-7924 or coordinator@caklegal.com.

Our Top Georgia Non-Compete Law Practice 

Very few attorneys in Atlanta, Fulton County, or anywhere else in Georgia for that matter, have our level of credentials and expertise in Georgia non-compete and trade secret law. We provide representation to clients throughout metro Atlanta and state-wide. Here are just a few highlights of our practice:

• The attorneys in our Georgia non-compete law practice have unparalleled experience in providing guidance on non-compete, non-solicit and related disputes. We even have a specific focus dedicated to representing high-level executives and professionals. 

• Our Georgia non-compete and trade secret attorneys are leaders in the field. We regularly publish articles  on unfair competition law legal developments. We also regularly provide industry seminars to trade associations and other attorneys about enforcement and defense of non-compete agreements and related disputes in Georgia.  

• Our Georgia non-compete practice is led by attorney Will Cantrell, a co-founder of the firm. Will Cantrell has obtained an “AV” rating by Martindale Hubbel, which is the highest rating available. He is also recognized as a Georgia Super Lawyer.  

• We are familiar with many other attorneys in Georgia who practice non-compete law. That means we often have a relationship that can help result in positive results in an efficient manner. 

• Our lawyers attended leading U.S. law schools – and excelled. 

We work hard to provide helpful and practical guidance to our clients who have important non-compete or employment agreement concerns or who are involved in a lawsuit involving claims of unfair competition in Georgia. Notably, we also care about fair competition. That is why we are not “guns for hire”.  We only accept clients whose goals align with our mission. 

We represent clients throughout metro Atlanta, including Alpharetta, Johns Creek, Duluth, Lawrenceville, Sandy Springs, Conyers, Marietta, Smyrna, Roswell, College Park, Stockbridge, and Woodstock. We also regularly handle cases in other parts of Georgia, including Athens, Augusta, Blairsville, Columbus, Macon, Valdosta, and Savannah. Regardless of where you or your business is in Georgia, we can help.

Types of Georgia Non-Compete Services We Provide 

We offer our services to both companies and individuals in Georgia seeking advice and litigation support for restrictive covenants, including non-compete, non-solicit, and non-disclosure agreements.

Company Representation

Businesses benefit from our services in various ways:

• Drafting employment agreements, independent contractor agreements, and restrictive covenants applicable to Georgia law. We help craft tailored, practical customer non-solicitation, employee non-solicitation, and enforceable non-competition provisions. 

• Determining choice of law and venue selection provisions for multi-state employers.

• Providing compliance counseling for various state non-compete laws.

• Creating policies and procedures to safeguard trade secrets and other confidential business information, even within the context of joint ventures and acquisition due diligence. 

• Assessing potential violations and enforceability of non-competes, non-solicits, non-disclosures, and other contractual terms with respect to employees, contractors, and current or former owners. 

• Offering guidance when hiring individuals inside or outside Georgia with restrictive covenants or confidential information to mitigate risk of liability and litigation. 

• Defending against claims for breach of non-competes, misappropriation of trade secrets, tortious interference, defamation, and other claims relating to unfair competition. 

• Prosecuting certain restrictive covenant claims. 

Individual Representation

We specialize in representing individuals in metro Atlanta and throughout Georgia, who often face life-altering situations when defending against a lawsuit filed by a prior employer. Our services for individuals encompass:

• Assessing the enforceability of non-competes and non-solicits in Georgia.

• Guiding individuals transitioning to new employers or starting their own companies on what they legally can and cannot do, potential grey zones, and generally how to mitigate potential liability and litigation associated with non-compete, non-solicit, and non-disclosure agreements.

• Responding to cease-and-desist letters to help avoid lawsuits when that aligns with the client’s goals. 

• Defending individuals in non-compete lawsuits and injunction hearings filed in Georgia, including in Fulton County and the surrounding counties.

To discuss legal representation, please contact us at (404) 474-7924.

Success Stories from Our Attorneys

Our Georgia non-compete lawyer practice group has provided guidance on complex non-compete, non-solicit matters, and other employment agreement matters to hundreds of clients. And few law firms nationwide have our expertise in high-states litigation involving employee transition and trade secret disputes. Here are a just a few examples:

• Successfully defeated a staffing company’s motion for a temporary injunction against a several former recruiters who started a new staffing company in Georgia. 

• Successfully obtained a complete dismissal of federal lawsuit filed in the Northern District of Georgia by national real estate recruiting agency against several former employees asserting claims of unfair competition, defamation, tortious inference, and RICO.

• Represented national tax software company against a competitor for theft of trade secrets. Obtained a temporary and permanent injunction against the competitor shortly after filing suit in federal court.  

• Successfully defeated a national construction company’s motion for a preliminary injunction against a former top sales representation in Georgia Superior Court.

• Successfully obtained complete dismissal of lawsuit filed against former executive of national solar power company asserting claims of unfair competition, tortious interference, misappropriation of trade secrets, unjust enrichment, and unfair and deceptive trade practices.

• Successfully defeated hair salon franchisor motion for a temporary injunction against several former hair stylists who left to start a new salon.

• Successfully convinced a national insurance agency to that its non-compete and non-solicit provisions in its agent agreement were unenforceable after it sent a cease-and-desist letter to a former top insurance producer. 

• Successfully defended a regional medical supply company and several of its executives and salespeople in a multi-state federal lawsuit, involving claims of breach of non-compete agreement and tortious interference. Prior to an evidentiary injunction hearing, we resolved the lawsuit with no damages being paid and dramatically narrowing the terms of the prohibited activities. 

• Successfully obtained, after an evidentiary hearing, a temporary injunction on behalf of a national home health care agency against several former sales staff and their new employer in connection with claims involving trade secret misappropriation, breach of fiduciary duties, and breach of non-solicit agreements. 

• Successfully obtained substantial damages (high six figures) on behalf of a regional hospital in the Southeast against a former physician who opened competing practice less than 5-miles from the hospital and also directly solicited the hospitals patients on behalf of the physician’s new practice.  

• On many occasions, successfully reached settlements recovering substantial damages for clients who were threatened with Georgia non-compete lawsuits. We determined the non-compete agreements were not only unenforceable, but also discovered those clients were not failed properly under Georgia and/or federal law.   

• Represented literally hundreds of high-level executives and professionals in negotiating important agreements, such as employment agreements, equity or equity-like awards, non-compete and restrictive covenant agreements, and separation agreements. Those Georgia clients include many c-suite executives (for example, CEOs, CFOs, COOs, CIOs, CTOs, officers, and directors), highly compensated top sales representatives, and founders of companies.

FAQs and Non-Compete Educational Materials

Our website contains many educational materials on Georgia non-compete law. For example, our Georgia Non-Compete Frequently Asked Questions are found here. That FAQs article answers many common questions our Atlanta non-compete lawyer practice receives, such as:

• Are non-compete agreements enforceable in Georgia?
• Are non-compete agreements enforceable if you are terminated from your job without cause?
• What should you do if you receive a case-and-desist letter about a non-compete agreement?
• What should you do if you don’t have a copy of your non-compete agreement?
• Is a non-compete agreement enforceable in Georgia if you’re unable to work because of it?
• Is your non-compete agreement enforceable if you signed it after starting employment?
• Is it possible to get out of a Georgia non-competition agreement?
• What if you violate a non-compete agreement in Georgia?
• Can you be filed for refusing to sign a non-compete agreement in Georgia?

Our website also contains insights specifically relating to Georgia non-compete topics and cases, which can be found here. 

Other Practice Areas

Cantrell Schuette, P.A. is law firm that is focused on representing the interest of those who are wronged or taken advance of, including individuals and companies. As such, the firm must also have subject matter expertise in commercial litigation and employment law; both of those areas of law are often tied to competition-related disputes. Common examples of competition law issues between companies include allegations of trade secret theft, tortious interference with non-compete and non-solicit agreements, breach of non-disclosure agreements, false advertising claims, internet marketing practices, and trademark infringement. For employees and contractors, typical competition law issues include disputes over non-compete and non-solicit agreements. Please visit the firm’s litigation practice areas for more details on the type of disputes we handle and examples of past results.

Atlanta and Fulton County, Georgia Court System for Non-Compete Lawsuits 

Atlanta is in Fulton County, Georgia. Atlanta is the largest city in Georgia. There are several courts located in Fulton County, Georgia including state courts and federal courts.  Lawsuits involving Georgia non-competition, non-solicitation, or non-disclosure agreements are most often filed in state court. More specifically, lawsuits in Georgia state courts that involve non-compete type disputes or trade secret claims are generally filed in Georgia’s State-wide Business Court. Under limited circumstances, such as diversity jurisdiction or where federal claims are included, non-compete lawsuits can also be in federal court. 

To discuss representation with one of our Georgia non-compete attorneys in Atlanta, contact us at (404) 474-7924 or coordinator@caklegal.com