Erika Birg Quoted in Daily Report
“Blue Pencil Bill Clears House Panel”

Erika Birg was quoted in the February 12, 2010 Daily Report article, “Blue Pencil Bill Clears House Panel.” The article discussed a recent proposal to streamline Georgia’s complex case law on noncompete agreements and allow judges to alter disputed employment contracts that contain such agreements, which has received initial approval from a legislative committee. According to the article, House Resolution 178 will allow judges to modify, or “blue-pencil,” restrictive covenants that are too broad, as opposed to declaring them completely unenforceable. Judges would be able to rewrite an agreement to reflect its “original intent,” according to supporters of the bill. However, the article noted that the proposal still has a long way to go to become law.

The article pointed out how in 1991, the state Supreme Court struck down as unconstitutional the Georgia code section related to restrictive covenants. Erika, who has addressed legislative study committees on the topic over the past year, commented that a “thicket” of case law has emerged in that statute’s place.