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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

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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

Category: Keyword Search: non-compete

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.

Category: Keyword Search: non-compete

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

Category: Keyword Search: non-compete

5/14/2018
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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: Keyword Search: non-compete

3/6/2018
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When Case Developments Make You Look Smarter Than You Are

3 weeks ago, I wrote that IBM's lawsuit against Microsoft was "inane," and should be settled by briefly sidelining Ms. McIntyre. That's exactly what happened

Category: Keyword Search: non-compete

3/6/2018
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NJ Bill Proposes Very Strict Limits on Non-Competes

A few months ago, NJ's legislature proposed some of the strictest limits on non-compete agreements in the country. These bills do raise lots of questions.

Category: Keyword Search: non-compete

1/24/2018
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With Non-Competes, Choose to Win the War, Not the Battle

Following a two-day hearing in a bet-the-business case, we successfully resolved a non-compete case for our clients by focusing on their long-term plans

Category: Keyword Search: non-compete

11/3/2017
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When Employees Can (& Can't) Be Forced to Sign a Non-Compete

Different jurisdictions follow different competing policy arguments as to why (or why not) existing employees can be compelled to sign a non-compete

Category: Keyword Search: non-compete

8/15/2017
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NY Federal Judge Lays Out Blueprint to Defeat a Non-Compete

In an epic takedown of a company's claim that departing employees violated their non-competes, a NY Federal judge laid out a blueprint for how to beat them.

Category: Keyword Search: non-compete

8/8/2017
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8th Cir.: Independent Contractor's Non-Compete Went Too Far

A hot off the presses decision from a Federal appeals court in Iowa held an independent contractor's non-compete was manifestly unreasonable, dismissing the case

Category: Keyword Search: non-compete

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: non-compete

3/30/2017
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3 Best Ways to Protect Trade Secrets When Employees Resign

There are 3 practical, easily implemented strategies for protecting your trade secrets against unfair use by competitors, explains Jonathan Cooper

Category: Keyword Search: non-compete

8/23/2016
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Is a Non-Solicit Clause Synonymous with a Non-Compete?

In a hot-off-the-presses decision striking down a noncompete, a Wisconsin appeals court broadens the term far beyond how it's been understood elsewhere, like NY

Category: Keyword Search: non-compete

3/30/2016
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How One State Nails Employers Who Go Too Far on Non-Competes

One State just passed legislation that truly sticks it to employers who are overly aggressive with their non-competes, explains NY attorney Jonathan Cooper

Category: Keyword Search: non-compete

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 moot

Category: Keyword Search: non-compete

2/29/2016
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Why Fiduciary Duty Doctrine is So Badly Misused

In my experience, there are few legal phrases that are more misunderstood or misapplied than fiduciary duty.

Category: Keyword Search: non-compete

1/11/2016
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Courts Push Promising New Tool to Reduce E-Discovery Costs

Federal courts have started to promote a promising technology that should reduce significantly litigants' electronic discovery costs, explains Jonathan Cooper

Category: Keyword Search: non-compete

1/5/2016
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Why a NY Court Won't Enjoin a Defendant from Defaming You

There's a reason why it's almost impossible to get an injunction barring a defendant from defaming you in New York, explains Jonathan Cooper

Category: Keyword Search: non-compete

9/18/2015
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Why, in Some Cases, Non-Solicitation Clause Will Be Implied

There are some circumstances when a court will imply a non-solicitation clause in an agreement, explains NY noncompete lawyer Jonathan Cooper

Category: Keyword Search: non-compete

5/7/2015
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Does LinkedIn Posting Inherently Violate a Non-Compete?

Oddly, very few courts have thus far dealt with the question of whether updating a LinkedIn profile inherently violates a former employee's non-compete agreement

Category: Keyword Search: non-compete

2/5/2015
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What Courts May Do To An Employee Who Violates a Non-Compete

If you were wondering, "What are some of the worst things a court can do if I violate a non-compete?", a Texas court has now answered that question.

Category: Keyword Search: non-compete

1/20/2015
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Why Restraining Orders Are Crucial in a Non-Compete Case

Restraining orders, or "TROs" are often a critical consideration in non-compete cases, explains Nassau County, New York non-compete attorney Jonathan Cooper

Category: Keyword Search: non-compete

1/1/2015
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Overzealous Non-Competes Lead to New York AG Investigation

Apparently, when a large employer goes overboard on a non-compete, and threatens minimum wage employees, it can come back to bite them

Category: Keyword Search: non-compete