The Georgia Supreme Court recently ruled that if a defendant has returned all of the confidential information at issue, then a continuing injunction is not warranted.
As a management-side labor and employment law firm with a national practice, we often deal with companies who have operations in multiple states throughout the country. These same companies are often frustrated in their desire for consistent management and human resources practices because of the differing laws in the states in which they do business. Nowhere have these companies felt this frustration more than in regard to the multi-varied state laws regarding the enforcement of non-competes. Companies that want a single standard for non-competes for all of their employees often find themselves unable to implement such consistent standards without running afoul of an individual state’s limitations on the enforcement of such non-competes.