John Watson Law Group LLC

Business Law

The term Business Law can encompass many areas.  For our purposes here, a few of the areas where this office can assist you are:

  • Writing, enforcing and defending restrictive covenants, such as non-competition agreements ("NCA") and non-disclosure agreements (NDA).  Georgia provides for different enforcement standards depending on the context in which NCA's were executed.  For example, an NCA signed as part of the employment process is given tighter scrutiny than one signed as part of the sale of a business.  The reason is the presumed unequal bargaining power of the parties.  In an employment situation, the employee is generally not in a position to demand a more favorable agreement, whereas in the sale of a business the parties are presumably in more equal positions of strength.
  • Non-Circumvention Agreements.  These are designed to prevent one party from going around the party and dealing directly with someone introduced to them by the other party.  Language to this effect is often contained in an NDA and sometimes called an NCND agreement.
  • The Georgia Trade Secrets Act.  This Act provides certain protections to the employer even if there is not there is a separate NCA or NDA.  Careful attention is necessary in this regard.
  • Breach of fiduciary duty.  This encompasses many scenarios.  For example, a corporate director or officer has certain defined duties to the corporation.  Should these duties be breached, a suit for damages may be in order.  Likewise, a director has fiduciary duties to the company's shareholders.  Known false or misleading statements about material matters or failure to disclose material facts are examples.
  • Usurpation of corporate opportunity.  An example might be where someone is leaving a company to start his own company and withholds consummating a business opportunity until he is in his new company.  In effect, he has stolen that opportunity from his former company.
  • Sale or acquisition of a business
  • Labor matters.  These are addressed elsewhere.
  • Commercial litigation.  This is discussed elsewhere.
Website Builder