Out-of-state order prohibiting unprivileged testimony.

- Michigan order, by facially prohibiting former corporate litigation consultant from testifying as to matters outside the scope of any privilege, violated Georgia public policy; therefore, the full faith and credit clause did not require the federal district court in Georgia to give full effect to the Michigan court order. Williams v. GMC, 147 F.R.D. 270 (S.D. Ga. 1993).

Permanent injunction appropriate.

- After a company in the cable and wire industry developed a logistics system that constituted a trade secret, it was proper to issue a permanent injunction prohibiting a former employee of the company from working in the logistics department of a competitor for five years, or sooner if the competitor independently develops the competitor's own system. Essex Group, Inc. v. Southwire Co., 269 Ga. 553, 501 S.E.2d 501 (1998).

Royalty injunction appropriate.

- Trial court did not abuse the court's discretion in imposing a royalty injunction after making findings as to the public's interest in competition, plaintiff's delays in bringing the matter to resolution, and the adequacy of a royalty to protect the parties' respective interests. Electronic Data Sys. Corp. v. Heinemann, 268 Ga. 755, 493 S.E.2d 132 (1997).

Injunction blocking use of misappropriated trade secret appropriate.

- Non-compete clause in a Software Agreement between an employer and employee was unenforceable as a restraint of trade under Ga. Const. 1983, Art. III, Sec. VI, Para. V(c), because it was unlimited as to time and territory. However, under O.C.G.A. § 10-1-762(d), the employee was prohibited from using a software version that incorporated the employer's trade secrets and confidential information, regardless of the non-compete clause. Coleman v. Retina Consultants, P.C., 286 Ga. 317, 687 S.E.2d 457 (2009).

Inevitable disclosure doctrine.

- Inevitable disclosure doctrine is not an independent claim under which a trial court may enjoin an employee from working for an employer or disclosing trade secrets. Holton v. Physician Oncology Servs., LP, 292 Ga. 864, 742 S.E.2d 702 (2013).

Interlocutory injunction inappropriate.

- Trial court erred, in part, by ordering an interlocutory injunction prohibiting a former employee from working in an executive capacity for a particular competitor of the former employer for one year based on the inevitable disclosure doctrine because a stand-alone claim under the doctrine, untethered from the provisions of Georgia's trade secret statute, O.C.G.A. § 10-1-760 et seq., was not cognizable in Georgia. Holton v. Physician Oncology Servs., LP, 292 Ga. 864, 742 S.E.2d 702 (2013).

Cited in CMAX/Cleveland, Inc. v. UCR, Inc., 804 F. Supp. 337 (M.D. Ga. 1992); Camp Creek Hospitality Inns, Inc. v. Sheraton Franchise Corp., 130 F.3d 1009 (11th Cir. 1997).

Applicability to state trade secrets.

- State entity contending that information requested pursuant to the Open Records Act, § 50-18-70 et seq., constitutes a trade secret to another, may exercise the entity's rights to protect the information under O.C.G.A. § 10-1-762. 1994 Op. Att'y Gen. No. 94-15.

ALR.

- Applicability of inevitable disclosure doctrine barring employment of competitor's former employee, 36 A.L.R.6th 537.