Eleventh Circuit Finds 43-City Non-Compete Enforceable Under Georgia Law

On August 19, 2010, the Eleventh Circuit Court of Appeals reversed a district court’s denial of a motion for injunctive relief regarding enforcement of an employer’s non-compete and non-solicitation provisions. Mohr v. Bank of New York Mellon Corp., No. 10-11890, 2010 WL 3273059 (11th Cir. Aug. 19, 2010). Applying Georgia law, the Court found the non-compete agreement to be enforceable, despite the fact that it forbid two employees from working within 50 miles of 27 cities in Georgia and South Carolina and 16 cities in 12 other states. The agreement was signed as part of the sale of a business, a situation that is afforded the most latitude under Georgia restrictive covenant law.

To read this blog post click here