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?
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The Best Gauge for Determining Whether Lost Profits Can be Claimed as DamagesOne of the most vexing challenges in breach of contract cases, especially in the employment context, is whether lost profits are recoverable as damages
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Why Proving Lost Profits is Often the Hardest Part to Winning Restrictive Covenant CasesWithout doubt, often the most challenging part of a breach of a restrictive covenant case is the ex-employer's ability - or inability - to prove lost profits.
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NY's Legislature Proposes 3 Separate Bills Aimed at Banning Noncompete AgreementsSince the beginning of 2025, different branches of New York's legislature have proposed 3 new bills aimed at eliminating, or at least curtailing, noncompetes
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Setting Aside the Noncompete Ban, Federal Judge Eviscerates FTC's Gross Overreach of its AuthorityIn a widely reported August 20 decision, a Texas federal judge vacated the FTC's nationwide noncompete ban that was scheduled to become effective on September 4.
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Texas Court in Ryan Leaves FTC's Noncompete Ban in LimboIn its highly anticipated July 3 ruling, the Texas federal court in Ryan v. FTC issued a partial stay on the FTC's noncompete ban, leaving most in limbo
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Let's Get Ready to Rumble! FTC Passes Vote to Ban Noncompetes Nationwide.On April 23, the FTC voted to affirmatively ban noncompete agreements, with some modifications from its earlier proposal. Here's what you need to know.
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Why Noncompetes in Commercial Contracts Are More Readily Enforceable Than in Employment AgreementsIn a March 27, 2024 decision, a NY appeals court laid out why noncompetes in commercial contracts are more readily enforceable than in the employment context
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Why the Bar to Prove Information is a Trade Secret is Lower in Maryland Than New YorkA Maryland court's recent decision laying out the criteria for information to qualify as a trade secret shows the stark contrast with other jurisdictions
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Why Liquidated Damages Clauses Don't Limit Ex-Employer's Damages Under Maryland Trade Secret LawIn a recent decision, a Maryland appeals court explains how a liquidated damages clause doesn't cap a former employer's damages for trade secret theft
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Both Competitor and Former Employees Can Be Liable for Damages for Trade Secret Misappropriation & Violation of Non-CompetesA December 26, 2023 appellate decision confirms that both a competitor and an ex-employee can be held liable for the same misappropriation of trade secrets
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Ga. Appellate Ruling Upholds Blue-Pencilling of NoncompeteIn response to a former employer's appeal of a trial court's whittling down of its noncompete agreement, a Georgia appeals court upheld the noncompete - in part
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Best Strategies for Dealing with TRO Applications in Trade Secret Theft CasesA few months back, I spoke as a panelist about Strategies for Success for TROs and Preliminary Injunctions, Whether You are Seeking or Defending.