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Georgia Supreme Court holds that in-term restrictive covenants are subject to strict scrutiny

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • June 29 2009

In Atlanta Bread Co. Int’l, Inc. v. Lupton-Smith, S08G1815, 2009 WL 1834215 (Ga. Jun. 29, 2009), the Georgia Supreme Court today confirmed that in-term restrictive covenants are subject to the same strict scrutiny standard applied to post-term covenants and the same reasonableness standards of time, territory, and scope