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 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?
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 anywayCategory: Keyword Search: breach of contract
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 CooperCategory: Keyword Search: breach of contract
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.Category: Keyword Search: breach of contract
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 towCategory: Keyword Search: breach of contract
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 lawsuitCategory: Keyword Search: breach of contract
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 losingCategory: Keyword Search: breach of contract
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 contractCategory: Keyword Search: breach of contract
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 rankingCategory: Keyword Search: breach of contract
3/27/2018
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How Avenatti is Making the Wrong Argument in NDA Breach Case
Objective analysis reveals that Stormy Daniels's attorney is clearly making the wrong argument for why her NDA with Trump shouldn't be enforceableCategory: Keyword Search: breach of contract
1/30/2018
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NY Court: Suing to Rescind Contract Doesn't Equal Breach
A few months ago, NY's Court of Appeals issued an important - and correct - ruling that suing to rescind a contract doesn't constitute an anticipated breachCategory: Keyword Search: breach of contract
11/29/2017
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When Hold Harmless Clauses Will Be Voided By New York Law
In the construction context, parties have tried to seek "hold harmless" and/or an additional insurance requirement from contractors. The distinction is criticalCategory: Keyword Search: breach of contract
11/8/2017
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Can Work Done in the Past Support a New Agreement?
A recent decision by one of New York's appellate courts highlights how a plaintiff lost what should have been a very winnable breach of contract caseCategory: Keyword Search: breach of contract
11/8/2017
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How to Prove a Breach of Contract Case in New York
What are the basic elements of a contract, and what you need to prove in the event that the contract is breached in order to win your case?
Category: Keyword Search: breach of contract
10/16/2017
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When Corporate Officers Can Be Held Personally Liable in NY
A recent decision from a NY Appeals court serves as an important reminder - and warning - that corporate immunity isn't always there for the askingCategory: Keyword Search: breach of contract
7/1/2017
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The Biggest Mistake You Can Make When Negotiating Contracts
There is one, overriding, all-encompassing, unfortunate mistake that companies & individuals miss when negotiating contracts - and it's largely avoidable.Category: Keyword Search: breach of contract
5/9/2017
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Court: Just Because Non-Compete Says It Doesn't Make it So
A recent decision from a Massachusetts trial court declining to issue a TRO barring a former employee from taking a new job is instructive for employersCategory: Keyword Search: breach of contract
3/31/2017
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Can Existing Employees Be Forced to Sign Non-Competes in NY?
The answer as to whether an employer can force their employees to sign a non-compete mid-stream is a bit complicated, and depends on your jurisdictionCategory: Keyword Search: breach of contract
6/29/2016
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How a NY Contractor Was Bilked Out of Fees for "Extra Work"
This case is an object lesson in what can happen when you fail to memorialize your change work orders in writing, explains Jonathan CooperCategory: Keyword Search: breach of contract
3/30/2016
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NY Court: Financial Advisors Aren't Professionals
While financial advisors might take offense at being told they aren't "professionals," they shouldn't. It means they face far less liability to being suedCategory: Keyword Search: breach of contract
3/29/2016
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The Single, Best Way to Protect Your Broker's Commissions
If you are an insurance broker, and were wondering how you are supposed to protect against having your commission agreement breached, here's your roadmap.Category: Keyword Search: breach of contract
3/22/2016
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Why Documents Alone Rarely Get Outright Dismissal of a Case
Documentary evidence alone, even if compelling, are usually insufficient to get a case dismissed at the outset of a case, says Jonathan CooperCategory: Keyword Search: breach of contract
3/10/2016
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Does Bankruptcy Immunize Company From Non-Compete Claims?
When OfficeMax and A & P squared off over a senior level employee's non-compete, Court was called to address whether bankruptcy rendered the case mootCategory: Keyword Search: breach of contract
3/9/2016
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Bad Faith Found, Allstate Liable for Consequential Damages
I found myself cheering when the Westchester County trial court hit Allstate for its bad faith refusal to honor this signfiicant, and righteous insurance claimCategory: Keyword Search: breach of contract
3/7/2016
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The Best Defense to Tortious Interference Claims in New York
When it comes to tortious interference with contract claims, one of required elements makes it tough to prove your case under NY law, says Jonathan CooperCategory: Keyword Search: breach of contract
3/3/2016
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The Most Critical Factor to Establishing Waiver as a Defense
There is one clearly important factor to establish before a court will even consider waiver as a defense, says NY breach of contract attorney Jonathan CooperCategory: Keyword Search: breach of contract