The most recent Atlanta Business Chronicle included an article that SunTrust was relieving certain of its corporate officers from their non compete agreements. The article further discussed the most important aspect of non competes when you hire a chief executive officer or a salesperson in Georgia. In our state, non competes are very difficult to enforce, more importantly, a bad non compete also results in a court throwing out a perfectly enforceable non solicitation provision. What SunTrust and other companies are appreciating is that relationship driven businesses are usually better off leaving out a non compete rather than risk losing an enforceable non solicitation clause if a court finds a non compete unenforceable.
Tag Archives: legal
Georgia General Contractors Need a License, guest post by Justin Daniels
As of July 1, 2008 residential and general contractors who do work in Georgia must obtain a license from the State Licensing Board for Residential and General Contractors.
Commercial Lease Legal Issues Checklist, guest post by Justin Daniels
Our resident commercial real estate attorney has written his Top 10 Checklist for Commercial Lease Legal Issues to help you consider the important issues that come up in your lease. Confirm all financial and legal terms from lease LOI and properly reflected in the lease document. CAM Charges: a) Did landlord included capital expenses in [...]
Dealing with Deliquent Customers, guest post by Justin Daniels
Another Guest Post by local Commercial Attorney, Justin Daniels: I have received several phone calls from upset clients lately who want to sue a delinquent customer back to the stone age over a $5,0000 or $10,000 account. The problem is that after you have hired an attorney and set aside time and effort on this [...]
Properly Titling Real Estate Held by Trusts, guest post by Justin Daniels
I confronted another situation you should avoid. In order for a trust to own real estate in Georgia the deed cannot read John Smith Trust, dated January 1, 2008. It must read John Smith, Trustee, of the John Smith Trust, dated January 1, 2008. You want to make sure the property is owned by the [...]
Cumulative CAM Cap and Your Commercial Lease, guest post by Justin Daniels
My name is Justin Daniels, a local commercial real estate lawyer in Atlanta. Brad Nix asked me to pen a quick legal post on important legal issues that comes up in commercial Leases. I came across a situation you should be aware and try to avoid or mitigate when negotiating your office or retail lease. Common [...]