The 11th Circuit recently ruled that the Georgia General Assembly’s first attempt at the passage of the new pro-employer Restrictive Covenants Act (RCA) on November 3, 2010 (H.B. 173) was unconstitutional and void. The court found that the reenactment of the statute by the General Assembly (H.B. 30), which was signed by the governor on May 11, 2011, is constitutional and applies to all agreements entered into on or after May 11, 2011. The 11th Circuit also found that restrictive covenants signed before May 11, 2011, including agreements signed between November 3, 2010, and May 11, 2011, are governed by Georgia’s rigid pre-existing common law. Becham v. Synthes USA, No. 11-14495, 2012 WL 1994604 (11th Cir. June 4, 2012). Employers that revised their employee non-compete agreements prior to May 11, 2011, and employers that have not yet revised their employee restrictive covenants to take advantage of Georgia’s RCA, should consider doing so as soon as possible.