Judge Smails was Right! But there is a Limit When it Comes to Non-Competes


If you know me, you know that I do a LOT of work in the non-compete/restrictive covenant space. A recent article in The New York Times discusses the impact that restrictive covenants can have on the work place. (Link on next page.)

Employment lawyers know this, but workers are often astonished to learn that they’ve signed away their right to leave for a competitor. Timothy Gonzalez, an hourly laborer who shoveled dirt for a fast-food-level wage, was sued after leaving one environmental drilling company for another. Phillip Barone, a midlevel salesman and Air Force veteran, was let go from his job after his old company sent a cease-and-desist letter saying he had signed a noncompete.

Such an inquiry is nothing new; there have long been articles on Jimmy John’s use of covenants for sandwich makers and summer camp counselors. Continue reading

CT Corporation in Fulton Moved?

Just heard a rumor that CT Corporation relocated its offices from Fulton County to Gwinnett County last Friday (May 5, 2017). So if CT Corporation is the Registered Agent for a corporate entity – venue over that entity just moved to – and Fulton Marshal’s and Sheriffs’ offices cannot serve summonses, etc. there anymore.

You have been warned.

(h/t to the great Rob Spears robspears@robspearslaw.com)


Fiduciary Duty CLE

I am honored to again have the opportunity to again present as part of Strafford Publication’s national webinar, “Fiduciary Duty Litigation in Business Disputes: Identifying Causes of Action, Key Defenses, Remedies and Proof,” on *May 23, 2017* at 1:00 pm EST.

I have a limited number of complimentary registrations that I can offer. If you are interested in attending, please let me know.  aaron@hmhwlaw.com or 404-348-4881.


Hey – That’s NOT Your Property! Even if you “Own” It!

Alright, so the heading is a bit misleading. But I really wanted you to read this post!

The simple fact is that  – when talking about Limited Liability Companies (LLCs) in Georgia – it is a true statement.  Kind of.

LLCs are a very popular form of incorporation. They can have one member or a hundred. And they can be created with the click of a button and payment to the Secretary of State, all without having to first create an underlying set of corporate documents.

Continue reading