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Todd Van DykeBlog Posts

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  • New Georgia Decision Clarifies Scope of Computer Trespass Statute

    Just as the United States Supreme Court recently limited the reach of the federal Computer Fraud and Abuse Act (“CFAA”) in Van Buren v. United States, the Georgia Supreme Court has now reined in the Georgia state law counterpart to the CFAA. Background In Kinslow v. State, No. S20G1001 (June 21, 2021), the defendant was...… Continue Reading The post New Georgia Decision Clarifies Scope of Computer Trespass Statute appeared first on Restrictive Covenant Report.
    June 24, 2021
  • Learning the Hard Way: Non-Competes and Subsequent Agreements

    The Georgia Court of Appeals handed down a tough lesson for an employer in Mapei Corporation v. Prosser, A14A0368 (Ga. Ct. App. July 9, 2014).  The Court of Appeals affirmed summary judgment for an employee on the claim he breached his non-compete with his prior employer.  The Court found a subsequent confidentiality agreement signed by … Continue reading Learning the Hard Way: Non-Competes and Subsequent Agreements
    September 3, 2014
  • Georgia Supreme Court Rejects Inevitable Disclosure Doctrine

    The inevitable disclosure doctrine is a common law doctrine that has been used by some courts to prevent a former employee from working for a competitor, even in the absence of a non-compete, because the former employee’s new job duties would inevitably require him to rely upon, use or disclose his former employer’s trade secrets.  This … Continue reading Georgia Supreme Court Rejects Inevitable Disclosure Doctrine
    May 29, 2013
  • The Georgia Restrictive Covenants Act – Two Years Later

    As previously reported in a legal alert issued by Jackson Lewis on May 12, 2011, Georgia Governor Nathan Deal signed the Georgia Restrictive Covenants Act into law almost two years ago, on May 11, 2011.  Since that time, many employers have required employees to sign new covenants that comply with the law. The Georgia Restrictive … Continue reading The Georgia Restrictive Covenants Act – Two Years Later
    April 25, 2013
  • Georgia Court of Appeals Refuses to Enforce Florida Forum Selection Clause

    The Georgia Court of Appeals refused to enforce a forum selection clause in a restrictive covenant agreement entered into by a Georgia resident because it would have led to a different result than applicable Georgia law. Carson v. Obor Holding Company, LLC (Nov. 20, 2012). Obor Holding provides software and staffing services to clients in … Continue reading Georgia Court of Appeals Refuses to Enforce Florida Forum Selection Clause
    February 21, 2013