Sep 19, 2023

Georgia Courts Continue to Look To Georgia Law When Enforcing Covenants Not Compete

Georgia courts have traditionally refused to uphold contractual covenants not to compete that did not meet exacting standards. In addition, Georgia courts have applied their own standards even when the contract specified that it was governed by the law of another state. In Motorsports of Conyers, LLC v. Burbach, Case No. S22G0854 (decided Sept. 6, 2023), the Georgia Supreme Court examined whether statutes adopted in 2011 designed to allow the more liberal enforcement of non-competition covenants altered the traditional approach to resolving choice of law issues. The Court concluded that it had not. Georgia courts will respect the choice of… Read more