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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

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1/21/2021
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Why Degree of Intent Matters by Trade Secret Theft

When it comes to misappropriation of trade secrets, the level of the defendant's intent is crucial, as a recent Delaware case held.

Category: Breach of Fiduciary Duty

12/21/2020
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DC on Cusp of Enacting Broadest Noncompete Ban in the Nation

Just last week, DC's council passed the Ban on Non-Compete Agreements Act of 2020, which proposes to nullify even those agreements that disallow moonlighting

Category: Non-Compete Agreements

12/18/2020
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Bankruptcy Doesn't Preempt Tortious Interference Claim in NY

A surprising decision from NY's Court of Appeals recently held that state law based tortious interference claims aren't necessarily preempted by bankruptcy

Category: Tortious Interference

12/1/2020
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Their Customer List Was Stolen. Why They Had to Let it Go

Yesterday, I was approached about a case where the potential client's customer list had been brazenly stolen from them. Here's why they had to let it go.

Category: Breach of Fiduciary Duty

11/13/2020
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Non-Compete Changes to Expect Under a Biden Administration

Assuming the 2020 election results aren't overturned, and Joe Biden becomes the next POTUS, some significant changes to non-compete law may be coming

Category: Non-Compete Agreements

11/6/2020
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The Limited Case Where NY Lawyers Can Be Held to a Noncompete

Yes, the general rule in NY is that lawyers can't be held to a non-compete. But the Court of Appeals has acknowledged a rare exception to that rule.

Category: Non-Compete Agreements

9/10/2020
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The Difference Between Breach of Fiduciary Duty and Contract

An August 31 decision out of a Delaware court serves as a pointed reminder on the critical distinction between a claim for breach of fiduciary duty and contract

Category: Non-Compete Agreements

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8/25/2020
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How Forwarding Work Info to a Private Email Exposes Employee

A recent decision from a New Jersey Federal Court highlights the dangers posed by forwarding or downloading work information to a private account

Category: Non-Compete Agreements

8/13/2020
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Getting a TRO Against a Rogue Employee, Without Firing a Shot

Just yesterday, we were fortunate to secure a TRO against our client's former employee who had gone rogue - without even needing to argue it before the Court

Category: Non-Compete Agreements

7/23/2020
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The Hardest Part to Pushing a School Liability Case Right Now

Amid the COVID-19 pandemic, many, if not most, cases have ground to a near standstill before New York's courts. But school negligence cases have been really tough

Category: School Negligence / Personal Injury

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6/15/2020
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How to Secure a TRO in the Age of Coronavirus

Last week, we were fortunate to secure a TRO from a NY trial judge against a former employee who was (allegedly) soliciting clients and prospects.

Category: Non-Compete Agreements

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4/29/2020
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Will NY Courts Enforce Noncompetes in the Midst of COVID-19?

In light of the rash of layoffs secondary to coronavirus, many employees and employers alike are wondering whether the noncompetes they signed are enforceable

Category: Non-Compete Agreements

4/26/2020
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Does Insurance Cover Your Business's Losses Due to COVID-19?

If your business has been effectively shut down due to Coronavirus, one question you should be asking is whether your losses are covered by insurance

Category: Breach of Contract

3/4/2020
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Anti-Semitic Bullying at School Raises Complex Questions

A lawsuit just filed against a NJ high school for a rash of anti-semitic acts targeting one student raises a series of troubling questions

Category: School Negligence / Personal Injury

2/28/2020
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Tiktok Challenge Leads to Student's Concussion, Seizure

Just last month, a New Jersey 7th grade student suffered a concussion and seizure after fellow students subjected him to the Tiktok prank, injuring him badly

Category: School Negligence / Personal Injury

2/19/2020
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NY Court Dismisses Tortious Interference Claim at Outset

In a rare move, a NY federal court dismissed a plaintiff's tortious interference claim at the pleadings stage - even before any discovery was had

Category: Tortious Interference

1/30/2020
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School Hazing Case Highlights a Big Hurdle to Proving Fault

A brand-new hazing case filed against Cornell University resulting from a student's death highlights one of the biggest challenges to proving liability

Category: School Negligence / Personal Injury

1/29/2020
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When the Evidence and Witnesses Are Located Overseas

What are you supposed to do when the evidence and witnesses you need are located overseas? We recently had that very issue, and needed the Court's help.

Category: Non-Compete Agreements

1/28/2020
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What Happened When an Ex-Employee Was Caught Violating TRO

Recently, an ex-employee was caught red-handed violating a court order barring him from soliciting his former employer's clients.

Category: Non-Compete Agreements

12/12/2019
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The Best Way to Avoid Being Sued Over a Noncompete

If I had to boil it down to the single, most important way to minimize the risk of being sued over a noncompete, this would be it

Category: Non-Compete Agreements

12/10/2019
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Does a School's Violation of its Own Rules Equal Negligence?

There is a significant question as to whether a school's violation of its own rules constitutes negligence - at least under NY law.

Category: School Negligence / Personal Injury

11/19/2019
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Oral Modification of Employment Contract Valid, Court Holds

A NY trial court recently held that despite a "no oral modification clause" in her contract, the parties' course of conduct effectively modified it anyway

Category: Breach of Contract

11/18/2019
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NY Court: Fired Without Cause Doesn't Negate Noncompete

A few months ago, an upstate NY appeals court held - among other things - that a termination without cause doesn't automatically vitiate a noncompete clause

Category: Non-Compete Agreements

11/6/2019
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Rhode Island Bans Noncompetes for Low-Wage Employees

In January 2020, Rhode Island's new law banning non-competes for low-wage workers is set to go into effect. But there are some interesting carve-outs in the law

Category: Non-Compete Agreements

10/24/2019
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New Bi-Partisan Bill Urges Federal Ban on Non-Competes

The Workforce Mobility Act, which was recently introduced in the Senate, seeks to ban, or drastically curtail, non-compete agreements. But it goes way too far.

Category: Non-Compete Agreements