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?
8/23/2019
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Former Employer Gets TRO for Employee's Non-Solicit Breach
An August 1, 2019 decision from a NY federal court lays out the blueprint for how and why a former employer succeeded in seeking a TRO for a nonsolicit breachCategory: Keyword Search: non-solicit
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?Category: Keyword Search: non-solicit
5/14/2019
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WA State's Bill Restricting Non-Competes Becomes Law
Effective January 1, 2020, Washington State's non-compete agreements are undergoing a major overhaul. Some are outlawed, others restricted, and more.Category: Keyword Search: non-solicit
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-solicit
3/27/2019
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Court: Trade Secrets Were Taken, But Injunction Still Denied
A recent ruling from an Illinois Court that denied an injunction despite clear evidence former employees had stolen trade secrets serves as a critical lessonCategory: Keyword Search: non-solicit
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 caseCategory: Keyword Search: non-solicit
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 courtCategory: Keyword Search: non-solicit
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-solicit
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: non-solicit
6/12/2018
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Why Workforce Mobility Act's Noncompete Ban Fails - Badly
Congress's recently proposed Workforce Mobility Act which, if adopted would presumptively outlaw non-competes nationwide, is doomed to fail. Here's why.Category: Keyword Search: non-solicit
5/10/2018
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Vermont Draft Bill Seeks to Outlaw Nearly All Non-Competes
Vermont Draft Bill H.556 seeks to ban non-competes, other than limited circumstances, such as the sale of a business or the dissolution of a partnershipCategory: Keyword Search: non-solicit
5/3/2018
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In Rare Move, Court Strikes Down Non-Compete From the Get-Go
It's not every day that you see a court strike down a non-compete in its entirety - and certainly not before discovery. Yet that's precisely what this Court didCategory: Keyword Search: non-solicit
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-solicit
2/12/2018
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Why This Proposed Non-Compete Legislation is So Misguided
A new proposed bill seeking to outlaw non-compete agreements in limited circumstances is terribly misguided, explains NY non-compete attorney Jonathan CooperCategory: Keyword Search: non-solicit
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 plansCategory: Keyword Search: non-solicit
12/12/2017
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No, My Firm's Fees on Noncompetes Are Not an Opening Bid
In law, just as in any other business, it's important to know when to push a client away. And that's precisely what happened to me yesterday. And I was happy.Category: Keyword Search: non-solicit
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-competeCategory: Keyword Search: non-solicit
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-solicit
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-solicit
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 CooperCategory: Keyword Search: non-solicit
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 NYCategory: Keyword Search: non-solicit
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 CooperCategory: Keyword Search: non-solicit
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 CooperCategory: Keyword Search: non-solicit
1/30/2015
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Why You May Not Want a Non-Compete in Your Business
There are some compelling reasons why you may not want to use non-compete agreements in your business, explains NY non-compete attorney Jonathan CooperCategory: Keyword Search: non-solicit