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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:

 


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

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2/7/2019
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How This NY Car Accident Case Invokes The Princess Bride

In a truly rare move, defendants were awarded summary judgment in a car accident case - simply because the court deemed plaintiff's testimony incredible

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2/6/2019
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Evidence Rule Change a Boon for NY Personal Injury Cases

An amendment to New York's evidence rules that went into effect at the end of 2018 simplifies the trial process, particularly for injury claims in New York.

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1/29/2019
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How to Sue a New York Charter School for its Negligence

Since the case law regarding charter schools is scant, and the laws are complex, here's a primer on how to sue charter school for its negligence under NY law.

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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

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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

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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?

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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.

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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.

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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.

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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.

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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

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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.

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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

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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?

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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

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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

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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.

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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.

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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

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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

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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

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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

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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

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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

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