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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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8/25/2020
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How Forwarding Work Info to a Private Email Exposes Employee

A recent decision from a New Jersey Federal Court highlights the dangers posed by forwarding or downloading work information to a private account

Category: Keyword Search: non-compete

8/13/2020
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Getting a TRO Against a Rogue Employee, Without Firing a Shot

Just yesterday, we were fortunate to secure a TRO against our client's former employee who had gone rogue - without even needing to argue it before the Court

Category: Keyword Search: non-compete

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

Category: Keyword Search: non-compete

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.

Category: Keyword Search: non-compete

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.

Category: Keyword Search: non-compete

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

Category: Keyword Search: non-compete

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.

Category: Keyword Search: non-compete

4/2/2019
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Labor Advocacy Group Petitions FTC to Prohibit Non-Competes

In March, 2019, the Open Markets Institute brought a petition to the FTC, asking it to issue a broad ban against non-competes. The FTC has yet to respond.

Category: Keyword Search: non-compete

2/21/2019
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What Can Go Wrong if You Don't Fight a Non-Compete Case

A February 5, 2019 jury award in Miami demonstrates - rather powerfully - what can go wrong if you don't show up to fight a non-compete case

Category: Keyword Search: non-compete

2/5/2019
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Maybe the Most Important Clause in a Non-Compete Agreement

With the laws regarding non-competes in near-constant flux, you would be downright foolish not to have this clause in your non-compete agreements.

Category: Keyword Search: non-compete

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

Category: Keyword Search: non-compete

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