re: Hog fans: How ironclad is Enos's non-compete clause?

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It does but that would be something else that would be new in this regard as far as I know. California ruled a while back that they will not enforce non-compete clauses that were agreed on out of state. Of course if Georgia pushed the issue last year and made an offer. University of Arkansas would be filing the case in Arkansas because that is were the contract was signed. From there everyone is just guessing what would happen.

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"You covenant and agree not to accept employment in any coaching capacity, except for a head coach position, with any other SEC institution... prior to the expiration date of the term and any mutually agreed upon extensions of the term."

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Under Georgia's old non-compete law, this restriction would have been unenforceable for at least two reasons. First, by restricting Enos from working in any coaching capacity, it went beyond the role that he actually performed for Arkansas - offensive coordinator - and thus would have been held to be overly broad in terms of scope of activity. Second, because the covenant covers "any other SEC institution," it would have been viewed as a shifting provision in that the ultimate geographic scope could not be determined at the time of signing because the league (and thus the geographic scope) could have expanded. These arguments would likely fail under Georgia's new restrictive covenant statute, which went into effect on May 11, 2011. Thus, the change in the law deprives us of the potential spectacle of Georgia and Arkansas litigating (possibly in two different jurisdictions) over the hiring of an offensive coordinator.

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