Legal Question in Business Law in South Dakota

Re: non disclosure, non compete docs

Georgia takes a very strict approach to the enforcement of non-competes. They must be very narrowly tailored in order to be enforceable. I would need to review the contract to give you a reliable answer. However, there is a good chance that you could have the non-compete invalidated in a Georgia court. I would be happy to give you a free consultation if you would contact me at the number listed in my profile below.

This response is for informational purposes only and does not create an attorney-client relationship.

Re: non disclosure, non compete docs

Gregory is correct that Georgia courts disfavor noncompetes, although they are a bit more lenient about nondisclosure agreements. It is also important to see if the agreement has choice of law and choice of venue provisions. If the agreement states that it is to be interpreted according to South Dakota law (choice of law provision), it may be interpreted differently. If there is an action in Georgia, however, the courts will not apply South Dakota law if it is more restrictive than Georgia law. However, if there is a choice of venue provision that says something to the effect that all disputes arising from the agreement must be decided exclusively in South Dakota, Georgia courts would generally enforce such a provision. Your best bet is to have the contract reviewed by a Georgia lawyer to see what your options are. Feel free to contact me if you have additional questions.

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

Re: non disclosure, non compete docs

The key issue in this matter is whether Georgia law can be brought to bear on the non-compete. For example, from your question, I assume that you were living and working in SD when you signed the non-compete, so that raises the question of whether disputes under it would be decided by SD law. In order to get adequate advice regarding this matter, you will need to meet with an attorney so that the attorney can gain an understanding of the circumstances under which the non-compete was executed and review the document itself. One of my partners is a frequent speaker on non-compete law in Georgia and we would be happy to provide you with an initial consultation free of charge.