Legal Question in Business Law in Georgia

Re: soliciting prior clients from new company

"Solicit" can mean a lot of things. In the absence of any contractual restrictions, it is often OK to send correspondence or make calls to former customers to let them know where you are. At the other end, it is often not OK, depending on the specific facts, to contact former customers and trash the old company and encourage them to breach a contract with the old employer. That could get you a lawsuit for interference with business or contractual relations. The line usually falls in the middle. How a former employee gets the customer list could be another issue.

Re: soliciting prior clients from new company

A non-competition clause is not the same as a non-solicitation clause. although they are often grouped together. Generally, you are permitted to simply seek business from former customers and you are under no duty to disclose the name of the former company. However, certain types of solicitation may be wrongful under different tenets of law, e.g. tortious interference with contractual or employee relations.

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The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.