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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:

 


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

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4/26/2020
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Does Insurance Cover Your Business's Losses Due to COVID-19?

If your business has been effectively shut down due to Coronavirus, one question you should be asking is whether your losses are covered by insurance

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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

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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.

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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.

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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

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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.

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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

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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

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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.

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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

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6/18/2019
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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

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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?

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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.

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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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