Terminating An Injunction Regarding Confidential Information

Although the Georgia appellate courts have not issued many decisions on the new restrictive covenant statute that went into effect on May 11, 2011, they do continue to issue decisions in the area of protecting confidential information.  One such decision is Mays v. Southern Resources Consultants, which came out of the Georgia Supreme Court in early June. 

That case comes out of a growing field for restrictive covenant disputes: the home health care provider context.  Provision of health care services in home settings is a growing industry.  Because of the importance of an individual provider developing a relationship with the patient to whom the provider is providing services, this is a natural setting in which the individual provider's employer will want to use a non-compete restriction to prevent the individual provider from exploiting that relationship on behalf of a competitor.  On the other hand, the individual provider will often argue that the relationship