Covenant Not to Compete Gary Forsee was an executive offi cer with responsibility for the U.S….

Covenant Not to Compete Gary Forsee was an executive offi
cer with responsibility for the U.S. operations of BellSouth Corp., a company
providing global telecommunications services. Under a covenant not to compete,
Forsee agreed that for a period of eighteen months after termination from
employment, he would not “provide services . . . in competition with
[BellSouth] . . . to any person or entity which provides products or services
identical or similar to products and services provided by [BellSouth] . . .
within the territory.” Territory was defi ned to include the geographic area in
which Forsee provided services to BellSouth. The services included “management,
strategic planning, business planning, administration, or other participation
in or providing advice with respect to the communications services business.”
Forsee announced his intent to resign and accept a position as chief executive
offi cer of Sprint Corp., a competitor of BellSouth. BellSouth fi led a suit in
a Georgia state court against Forsee, claiming, in part, that his acceptance of
employment with Sprint would violate the covenant not to compete. Is the
covenant legal? Should it be enforced? Why or why not? [BellSouth Corp. v.
Forsee, 265 Ga.App. 589, 595 S.E.2d 99 (2004)]