New Georgia Restrictive Covenants Bill Passed by House

New Georgia Restrictive Covenants Bill Passed by House
House Bill 30, designed to substantially reenact the substantive provisions of the new Georgia Restrictive Covenants Act passed in 2009, was passed by the Georgia House of Representatives in a 104-58 vote on Tuesday, February 22, 2011.  The bill now moves to the Georgia Senate for consideration.

As discussed in earlier alerts, the new Georgia Restrictive Covenants Act (the “Act”), which dramatically changes the enforceability of restrictive covenants in employment agreements, was intended to take effect on November 3, 2010, immediately following Georgia voters’ ratification of a

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Venture Capital Investment for Technology and Ecommerce Companies

Venture Capital Investment Guide

This information is presented for educational purposes and is not intended to constitute legal advice. Opinions expressed are those of the author and not of Morris, Manning & Martin, LLP; see disclaimer at http://www.www.mmmtechlaw.com/privacy-policy-and-disclaimer/. Contact Scott Allen for more information at sallen@mmmlaw.com

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Valuations & Appraisals – When, Why & How

This Frequently Asked Question (FAQ) post addresses typical questions from companies regarding obtaining a valuation or appraisal.  This document is co-authored by Bruce Wynn of Morris, Manning & Martin, LLP and Dan Branch of Taylor Consulting Group, Inc. The following questions are commonly asked of technology and business services companies.  We hope this information is helpful to you.  Please note that there are additional questions that will be relevant in this area and you should consult your legal, tax and accounting advisor with any other questions.

1.  When do I need a valuation or appraisal?

Answer:  There are several situations where a valuation or

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FAQ: Negotiating a Line of Credit Facility with a Commercial Bank

 

Negotiating a Line of Credit Facility with a Commercial Bank

by: Ed Hirsch, MMM Corporate Technology Group and Neal Miller, TechCFO
This FAQ (frequently asked questions) provides answers to important questions for entrepreneurs to consider in negotiating a line of credit and other lending arrangements with commercial banks.  This FAQ can also serve as a sample checklist of relevant issues for your company in connection with bank financing.  Please note that other questions may be relevant to your company, and this is not a comprehensive review of all important issues.

 

1. Is this the right time for my company to pursue debt

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Update: Georgia Restrictive Covenant Act

Update: Georgia Restrictive Covenant Act

The Georgia Legislature has taken its first step toward resolving constitutional questions regarding the new Georgia Restrictive Covenant Act (the “Act”).

As discussed in an earlier alert, the Act was intended to take effect on November 3, 2010, immediately following Georgia voters’ ratification of a Constitutional amendment designed to give effect to the Act. However, because the Constitutional amendment itself failed to include an effective date, the amendment did not take effect until January 1, 2011, two months after the Act. As a result, the Act was exposed to possible constitutional challenge, including questions as to

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Corporate Questionnaire for 2011 Annual Meetings – Board and Shareholders

This 2011 Questionnaire is designed to prepare your private company for its annual meeting of the Board of Directors and Shareholders. Good corporate governance generally requires conducting these annual meetings. The following list of sample questions serves as a tool designed to aid in the preparation process to ensure a productive meeting.

QUESTIONNAIRE FOR 2011 ANNUAL MEETING

1. Who should be appointed as Directors of the Company?

2. What are the names and office of the officers of the Company?

3. When was the last Annual Report filed with Office of Secretary of State? If you have a copy of the Report, please attach

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Unemployment Benefits Extended

January 5th, 2011
Employment
Unemployment Benefits Extended
The start of the New Year marks the implementation of a new federal tax bill signed by President Obama in December, which includes a 13-month extension for unemployment benefits.  However, eligibility to receive these extended benefits requires more than simply being out of a job; state unemployment rates and the duration of an individual’s unemployment factor in to who obtains the aid.

Extended benefits vary according to individual state unemployment rates.  In order to collect benefits for the maximum period of 99 weeks, the average

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Do Not Implement New Restrictive Covenant Agreements: New Act Faces First Constitutional Challenge

Do Not Implement New Restrictive Covenant Agreements:
Georgia’s New Restrictive Covenants Act Faces First Constitutional Challenge

In a letter to the editor published in the November 10, 2010 issue of the Fulton County Daily Report, the Chairman of Georgia’s House Judiciary Committee identified an apparent legislative oversight that calls into question whether Georgia’s New Restrictive Covenants Act (the “Act”) is constitutional, or whether it is even currently in effect.

By its express terms, the Act was to take effect on November 3, 2010, immediately following Georgia voters’ ratification of an amendment to the Georgia Constitution required to render the Act constitutional.

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