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 accidents, slip and/or trip and fall accidents, auto 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:
- To Compete or Not to Compete: The Definitive Insider's Guide to Non-Compete Agreements Under New York Law
- When Schools Fail to Protect Our Kids
- When You Don't Have a Written Agreement
- Why Most Accident Victims Do Not Recover the Full Value of Their Claim
- Why Are There So Few Successful Defective Products Lawsuits?
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Is a Trial Court's Order Denying (or Granting) a TRO Appealable?Given what's at stake when a party seeks emergent injunctive relief, a question that should be asked is what a party can do if the trial court rules against them
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What Can Happen When a Former C-Level Exec Deletes Emails in a Misappropriation CaseIn a September 1 decision, a Delaware trial court handed down a truly stinging ruling holding accountable a former CEO for misappropriating trade secrets
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Holding Noncompete Non-Binding as to Former Execs, Court Dismisses ClaimsIn a rare decision that cited poor contract drafting as the culprit, a Delaware court dismissed claims that former execs breached their noncompete agreements
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Court of Appeals' Grady Decision Leaves Primary Assumption of Risk Intact, But Terribly UnclearThe Court of Appeals' decision in Grady left intact the primary assumption of risk doctrine, but also left unclear how and when it can be applied
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True, Lawyers Can't be Held to Noncompetes in NY; But the Rationale for that Rule is Terribly WeakThere is one case where a noncompete agreement is inherently unenforceable under New York law - when it pertains to lawyers. But the reasoning is weak.
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Relying on Circumstantial Evidence, Appeals Court Affirms $1.7MM Award for Violation of NoncompeteCircumstantial evidence, in conjunction with an adverse inference against defendants who had spoliated evidence, was enough to sustain a noncompete judgment
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Ex-Employees Who Diverted Patients to a Competing Entity Hit with $5.2 Million Compensatory & Punitive Damages AwardIn an August 7 decision, a Florida trial court awarded $5.2MM in compensatory and punitive damages against 2 former employees who unlawfully diverted patients
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How Long a Former Employer Can Enforce Confidentiality of its InformationWhile it's well-known that there are fairly strict time limits on restrictive covenants, what about a former employer's confidential or proprietary information?
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Minnesota Joins Noncompete Ban Pool - and Prohibits Choice of Law Workarounds TooAs of July 1, 2023 Minnesota's ban on noncompetes became effective, and for companies with employees residing there, there may not be a simple workaround
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The Rare Case Where Child Victims Act May Give Rise to Collegiate Liability for AssaultsA recent decision from one of New York's appellate courts highlights the narrow instance where the Child Victims Act may help college students assaulted at school
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Belk Sues Former CEO and Competitor Gamestop for Trade Secret Theft, Poaching EmployeesSuing its ex-CEO in North Carolina federal court, Belk accused him of using its confidential salary information to entice a slew of employees to join Gamestop
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Federal Judge: No TRO Without Showing Stolen Trade Secrets Were Actually UsedAt a TRO hearing in Federal Court in Georgia on July 12, 2022, the judge denied the ex-employer's TRO request predicated on alleged trade secret theft.