Go to navigation Go to content
Toll-Free: (888) 497-3410
Phone: 516.791.5700
Law Offices of Jonathan M. Cooper

New York Non-Compete Litigation Blog


Blog Category:
11/6/2019
Comments (0)

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
Comments (0)

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
Comments (0)

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
Comments (0)

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
Comments (0)

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
Comments (0)

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
Comments (0)

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
Comments (0)

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
Comments (0)

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
Comments (0)

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
Comments (0)

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
Comments (0)

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
Comments (0)

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
Comments (0)

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

Labels:
2/5/2019
Comments (0)

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
Comments (0)

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

1/23/2019
Comments (0)

Why a CA Court Held This Nonsolicit Provision Illegal

A November, 2018 decision in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. confirms why some non-solicit provisions are also invalid in California

Category: Non-Compete & Employment Agreements

1/9/2019
Comments (0)

Mo. Court: Huge Difference Between New & Existing Employees

The Missouri Supreme Court recently set forth their view that there is a big difference between what agreements can be given to new and pre-existing employees

Category: Non-Compete & Employment Agreements

10/24/2018
Comments (0)

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

8/8/2018
Comments (0)

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

7/23/2018
Comments (0)

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
Comments (0)

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
Comments (0)

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
Comments (0)

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

5/14/2018
Comments (0)

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