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Law Offices of Jonathan M. Cooper

New York Noncompete, Trade Secret & School Negligence Blog

This blog by the six-time published author Jonathan Cooper, is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of non-compete agreements, breach of contract matters, school negligence (and/or negligent supervision), construction accidentsslip and/or trip and fall accidentsauto accidents, and, of course, defective or dangerous products

For additional information on any of these topics, readers are encouraged to download these FREE e-books:

 


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9/4/2019
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We Need a Real !*?/* Attorney for Our Non-Compete Case

To be clear, It's not limited to non-compete cases; clients tend to think that being a bigger jerk means better results in litigation. It's just not true.

Category: Non-Compete & Employment Agreements

8/23/2019
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Former Employer Gets TRO for Employee's Non-Solicit Breach

An August 1, 2019 decision from a NY federal court lays out the blueprint for how and why a former employer succeeded in seeking a TRO for a nonsolicit breach

Category: Non-Compete & Employment Agreements

8/5/2019
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Maryland Finally Pulls Trigger on Partial Non-Compete Ban

Effective October, 2019, Maryland will join the ranks of other states that ban noncompete agreements for low-wage employees. But the ban is narrowly tailored

Category: Non-Compete & Employment Agreements

7/2/2019
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When You Can Recover More Than the Policy From Your Insurer

When your insurer's refusal to pay your claim ruins your business, you may be able to recover more than the policy under New York law, explains Jonathan Cooper

Category: Breach of Contract

6/18/2019
Jonathan Cooper
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When NY Courts Will Uphold Liquidated Damages by a Noncompete

There are some circumstances when NY's courts will uphold a liquidated damages clause in a non-compete agreement - but it's got to be done the right way

Category: Non-Compete & Employment Agreements

6/13/2019
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By Contract, Employer Can Recover Legal Fees - Win or Lose

A ruling by the 6th Circuit earlier this year held that in a fight over a non-compete, a former employer can recover their legal fees - even if they lose

Category: Non-Compete & Employment Agreements

5/22/2019
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Is Selective Enforcement a Valid Defense in a Noncompete Case?

When departing employees are hit with a cease and desist, they sound a familiar refrain: "But they let Joe go without any problem!" But does that matter?

Category: Non-Compete & Employment Agreements

5/21/2019
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How a Great Verdict in a School Bullying Case Went Wrong

Capping a successful trial, a Sullivan County jury returned a verdict $1 million in the bullied student's favor. And now that verdict has been thrown out.

Category: School Negligence / Personal Injury

5/14/2019
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WA State's Bill Restricting Non-Competes Becomes Law

Effective January 1, 2020, Washington State's non-compete agreements are undergoing a major overhaul. Some are outlawed, others restricted, and more.

Category: Non-Compete & Employment Agreements

4/2/2019
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Labor Advocacy Group Petitions FTC to Prohibit Non-Competes

In March, 2019, the Open Markets Institute brought a petition to the FTC, asking it to issue a broad ban against non-competes. The FTC has yet to respond.

Category: Non-Compete & Employment Agreements

3/27/2019
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Court: Trade Secrets Were Taken, But Injunction Still Denied

A recent ruling from an Illinois Court that denied an injunction despite clear evidence former employees had stolen trade secrets serves as a critical lesson

Category: Breach of Fiduciary Duty

2/21/2019
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What Can Go Wrong if You Don't Fight a Non-Compete Case

A February 5, 2019 jury award in Miami demonstrates - rather powerfully - what can go wrong if you don't show up to fight a non-compete case

Category: Non-Compete & Employment Agreements

2/18/2019
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NY Court Lays Out Blueprint for Doctors Looking to Compete

Score one for those doctors looking to leave their old medical practices and compete - at least according to a February 7, 2019 decision from a NY appeals court

Category: Non-Compete & Employment Agreements

2/14/2019
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Forbes: Your Company Should End Noncompetes - But Is it True?

A February 13, 2019 Forbes article by German Chastel claims that companies should kill their noncompetes. But does the article make his point, or fall short?

Category: Non-Compete & Employment Agreements

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2/7/2019
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How This NY Car Accident Case Invokes The Princess Bride

In a truly rare move, defendants were awarded summary judgment in a car accident case - simply because the court deemed plaintiff's testimony incredible

Category: Car Accidents

2/6/2019
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Evidence Rule Change a Boon for NY Personal Injury Cases

An amendment to New York's evidence rules that went into effect at the end of 2018 simplifies the trial process, particularly for injury claims in New York.

Category: School Negligence / Personal Injury

2/5/2019
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Maybe the Most Important Clause in a Non-Compete Agreement

With the laws regarding non-competes in near-constant flux, you would be downright foolish not to have this clause in your non-compete agreements.

Category: Non-Compete & Employment Agreements

2/4/2019
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Staunchly for Tort Reform, At Least Until it's His Own Case

Sen. Rand Paul just won a jury award over $500,000. If he had his way on tort reform, though, he wouldn't have gotten even half that amount.

Category: School Negligence / Personal Injury

1/29/2019
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How to Sue a New York Charter School for its Negligence

Since the case law regarding charter schools is scant, and the laws are complex, here's a primer on how to sue charter school for its negligence under NY law.

Category: School Negligence / Personal Injury

1/28/2019
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When You Can't Recover Legal Fees - Even If Contract Says So

Although contract provisions allowing you to recover your attorneys' fees in the event of litigation are usually enforced, you can go too far and come up empty

Category: Non-Compete & Employment Agreements

1/23/2019
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Why a CA Court Held This Nonsolicit Provision Illegal

A November, 2018 decision in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. confirms why some non-solicit provisions are also invalid in California

Category: Non-Compete & Employment Agreements

1/9/2019
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Mo. Court: Huge Difference Between New & Existing Employees

The Missouri Supreme Court recently set forth their view that there is a big difference between what agreements can be given to new and pre-existing employees

Category: Non-Compete & Employment Agreements

11/20/2018
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The Biggest Mistake You Can Make When Arbitration Goes Badly

Without a doubt, there is a singular (and avoidable) cardinal sin when arbitration goes badly, explains NY trade secret and noncompete attorney Jonathan Cooper

Category: Business Litigation

11/15/2018
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Arbitration vs. the Courts: Which is Better for You?

When drafting agreements for small businesses, a common question arises: where should disputes be brought - arbitration or the courts?

Category: Business Litigation

11/12/2018
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When Arbitrators' Disregard of the Law Won't Matter in NY

There are some instances where an arbitrator can disregard New York law - and it won't matter; you'll still be stuck with his/her decision.

Category: Business Litigation