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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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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 & Employment 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 & Employment 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 & Employment 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 & Employment 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 & Employment 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 & Employment Agreements

10/10/2019
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Was Teen Hazed by His Teacher, and Was it Worth a Lawsuit?

On October 9, 2019, parents filed suit, claiming that their teen was hazed at school by the teacher, damaging their child. But are they right?

Category: School Negligence / Personal Injury

10/10/2019
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Former Employer's Non-Compete Case Dismissed Out of the Gate

In a rare decision, an Illinois appeals court affirmed a trial court's outright dismissal of a non-compete case - before an answer was filed

Category: Non-Compete & Employment Agreements

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