Cary Ichter – Radio Discussion of Georgia’s New Non Compete Environment

by admin | cary ichter on November 16, 2010

Cary Ichter, Managing Partner of IchterThomas LLC, appeared on Steve Gross’s radio show to discuss implications of Georgia’s new non compete laws for local business:

I am pleased to introduce our guest today, Cary Ichter who is a Partner in the Commercial Litigation practice Ichter Thomas, LLC.   A trial lawyer who primarily handles commercial disputes, Cary’s clients include national franchise companies, which he represents both regionally and nationally. He also has litigated disputes between manufacturers and distributors throughout the country, with cases in New York, New Jersey, California, Minnesota, Wisconsin, and Puerto Rico. Cary has considerable experience litigating employment disputes, including claims under Title VII and the Age Discrimination Employment Act, as well as claims of sexual harassment. His practice also includes disputes involving restrictive covenants ancillary to employment agreements and trade secret misappropriation actions. He has successfully litigated cases involving copyright infringement involving computer software and musical recordings.  You can read Cary’s full bio here.

  • Develop plan to have employees sign new non-competes
    1. Talk about the history of non-compete agreements
      1. Georgia historically a difficult state for enforcement
      2. Governed by courts, typically only enforced if deed reasonable by duration, territory, scope of restricted activities
      3. Gov. Perdue signed HB 173 intended to make it easier for employers to enforce non-competes
    2. The referendum passed and became effective Nov. 3 – what does this mean to employers?
    3. What are some of the changes?
      1. Courts allowed to enforce portions of the covenants that are reasonable
      2. Duration specified – 2 years non compete; 3 years employer and customer solicitation
      3. Only apply to certain classes of employees
    4. What does this do to existing non-compete agreements/ only applicable to agreements on or after Nov. 3
    5. What should employers do now to be proactive & how can you help?
  • Developing new agreements that comply
  • You can listen to Cary’s interview here.

    Previous post:

    Next post: