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Law Offices of Jonathan M. Cooper

New York Non-Compete Litigation Blog


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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 & Employment 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 & Employment 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 & Employment Agreements

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 & Employment 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 & Employment Agreements

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

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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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

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

5/14/2019
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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

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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2/5/2019
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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

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