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November 2010




Passage of Constitutional Amendment Allows Enforcement of Employer-Friendly Restrictive Covenant Agreements

Lelly MorrisonBen MathisBy Ben Mathis and Kelly Moul

Passage of Constitutional Amendment One in Tuesday's election will bring a dramatic change to Georgia law on non-competition and related agreements. Last year, Governor Sonny Perdue signed House Bill 173 (H.B. 173), designed to allow employers more freedom to implement restrictive covenants for their employees, including non-competition, customer non-solicitation, employee non-recruitment and non-disclosure provisions.  Before H.B. 173 could take effect, however, voters had to pass Amendment One, which changes the state Constitution to allow for this reform. With approval of Amendment One, H.B. 173 went into effect immediately.

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“Last Call” at the Holiday Party – “Wake Up Call” for Employer Liability

Sun ChoyBy Sun Choy

It is easy to forget about the potential liability that comes with furnishing alcohol to promote holiday cheer.  In particular, what happens if an intoxicated employee injures a third-party while driving home?  Although the standard for employer liability under this scenario varies from state-to-state, a recent decision from the Appellate Court of Illinois should serve as a “wake up call” for all employers.

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New Insurance Products Available to Design and Construction Field

By Neil Wilcove and Will TateWill TateNeil Wilcove

General contractors, construction managers, design/build contractors and all types of trade contractors should note insurance carriers are offering new products.  The following article lists some of the new coverage options and serves as a reminder that evaluating risk is an important part of your design and construction business process.  In some cases, reviewing details of risk management with your construction attorney may be worth the extra time and might just put you in a better position in the future. 
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Save the Dates !

Non-Competition and Related Agreements

Thursday, December 2
8:30 a.m. - 10:00 a.m.
The Georgian Club, 100 Galleria Parkway


Georgia Civil Engineering and Surveying Land Law Seminar
Friday, Nov 12
8:30 am - 4:15 pm
Embassy Suites - Galleria

DRI’s 24th Annual Civil Rights and Governmental Tort Liability Seminar
Wed. January 26 - Fri. January 28, 2011
The Ritz-Carlton New Orleans

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About Freeman Mathis & Gary, LLP

Freeman Mathis & Gary, LLP is a leading national litigation firm, serving clients through its practice groups in CGL and Business Liability, Commercial and Complex Litigation, Construction and Design Law, Financial Services and Transactions, Government Law, Government Relations, Insurance Coverage and Bad Faith, Labor and Employment Law, and Professional Liability. With offices in Georgia, California, Pennsylvania, New Jersey, New York, North Carolina and Florida, FMG attorneys serve as trusted counsel to corporations and governments throughout the country, providing practical, efficient, and cost-effective solutions for legal issues. For more information about FMG, visit www.fmglaw.com.




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