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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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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

11/8/2018
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You Can't Win an Unfair Competition Claim Without This

Without a doubt, the most challenging prong to establishing an unfair competition claim is the "bad faith" element. Here's how you prove it.

Category: Tortious Interference

10/30/2018
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You Can't Have a Viable School Liability Case Without This

In the vast majority of situations where schools have been negligent, that does not translate into being a viable lawsuit against the school.

Category: School Negligence / Personal Injury

10/25/2018
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This is Not What a Breach of Contract Action is For

Yesterday, I had a most disturbing conversation with a prospective client on a breach of contract matter. Our conversation ended poorly.

Category: Breach of Contract

10/24/2018
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How One Missing Non-Compete Provision Cost Employer Millions

A recent decision from a federal appeals court illustrates how a former employer still won big after employees left in droves with clients in tow

Category: Non-Compete & Employment Agreements

10/3/2018
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How NYCDOE Got Precluded From Contesting a Negligence Claim

Granted, it's rare. But there are occasions, like this June, 2018 decision where a defendant will get precluded from contesting its liability in negligence.

Category: School Negligence / Personal Injury

9/20/2018
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Can an Email Alone Be Enough To Get a Case Dismissed in NY?

Earlier this year, NY's Court of Appeals weighed in on whether an email alone can suffice as documentary evidence to warrant the early dismissal of a lawsuit

Category: Breach of Contract

8/21/2018
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How Long You Really Have to File Against Your Child's School

When calculating whether their child's claim against the school may be time-barred, a common refrain we hear from parents is, "But I didn't know!" Is it valid?

Category: School Negligence / Personal Injury

8/8/2018
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What's the Worst That Can Happen if You Ignore an Injunction?

A June 25, 2018 Order from a Federal Appeals Court serves as a sharp reminder what can happen if you ignore a trial court's injunctive order

Category: Non-Compete & Employment Agreements

8/1/2018
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NY Federal Judge Approves Class Settlement on School Bullying

On July 30, 2018, NY Federal Judge Nicholas Garaufis approved the settlement of a class action against NYC's DOE for its systemic failure to address bullying

Category: School Negligence / Personal Injury

7/23/2018
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Judge Crafts Creative Solution In Issuing TRO on Non-Compete

In a June 29, 2018 ruling, a NY County judge issued a creative, Solomonic ruling that balanced the former employer need for a TRO with plaintiff's need to work

Category: Non-Compete & Employment Agreements

7/18/2018
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New Damages Rule for Trade Secret, Unjust Enrichment Claims

In May, 2018, NY's Court of Appeals altered the rules on how a plaintiff can prove damages in a trade secret theft or unjust enrichment claim. It's a big deal.

Category: Non-Compete & Employment Agreements

6/12/2018
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Why Workforce Mobility Act's Noncompete Ban Fails - Badly

Congress's recently proposed Workforce Mobility Act which, if adopted would presumptively outlaw non-competes nationwide, is doomed to fail. Here's why.

Category: Non-Compete & Employment Agreements

6/5/2018
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One Area Where Courts Will Favor - and Enforce - Noncompetes

Although, as a general rule, courts disfavor enforcing non-competes, there is one glaring exception to that rule - the area of franchise agreements

Category: Non-Compete & Employment Agreements

5/31/2018
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Claim Filed for Down Syndrome Child Abused by School Aide

Recently, in upstate New York, a claim was filed on behalf of a 6 year-old child with Down Syndrome was repeatedly slapped by a teacher's aide

Category: School Negligence / Personal Injury

5/30/2018
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How Negligence v. Contract Breach Can Mean Winning or Losing

In this realm, NY's courts will usually impose either a negligence or breach of contract theory upon the parties. The distinction can mean winning or losing

Category: Breach of Contract

5/29/2018
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When a Third Party Can Recover for Breach of Contract in NY

There are two limited instances where New York's courts have permitted a third party beneficiary (as opposed to a direct party) to recover in breach of contract

Category: Breach of Contract

5/24/2018
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Can You Be Liable for Hurting a Seller's Amazon Ranking?

A May 18, 2018 filing in a NY Federal Court raises the question as to whether you can be liable in breach of contract for hurting a retailer's Amazon ranking

Category: Breach of Contract

5/14/2018
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Is PA Going to Join States Banning Non-Competes?

PA's House Bill 1938, which was introduced a number of months ago, seeks to ban nearly all non-competes, and to prevent employers from contracting around it

Category: Non-Compete & Employment Agreements

5/14/2018
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Can You Be Liable for Texting Someone Who is Driving?

A May 4 decision from one of NY's appellate courts addresses whether one can be held liable for texting someone they know is driving - and gets into an accident

Category: Car Accidents

5/10/2018
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Vermont Draft Bill Seeks to Outlaw Nearly All Non-Competes

Vermont Draft Bill H.556 seeks to ban non-competes, other than limited circumstances, such as the sale of a business or the dissolution of a partnership

Category: Non-Compete & Employment Agreements

5/3/2018
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In Rare Move, Court Strikes Down Non-Compete From the Get-Go

It's not every day that you see a court strike down a non-compete in its entirety - and certainly not before discovery. Yet that's precisely what this Court did

Category: Non-Compete & Employment Agreements

3/29/2018
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12 y.o. Girl Commits Suicide Following Bullying at School

In another sign that something serious is amiss with the educational system, a 12 y.o. girl recently committed suicide after egregious and relentless bullying

Category: School Negligence / Personal Injury