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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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12/12/2019
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The Best Way to Avoid Being Sued Over a Noncompete

If I had to boil it down to the single, most important way to minimize the risk of being sued over a noncompete, this would be it

Category: Keyword Search: noncompete

11/6/2019
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Rhode Island Bans Noncompetes for Low-Wage Employees

In January 2020, Rhode Island's new law banning non-competes for low-wage workers is set to go into effect. But there are some interesting carve-outs in the law

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10/10/2019
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Former Employer's Non-Compete Case Dismissed Out of the Gate

In a rare decision, an Illinois appeals court affirmed a trial court's outright dismissal of a non-compete case - before an answer was filed

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8/5/2019
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Maryland Finally Pulls Trigger on Partial Non-Compete Ban

Effective October, 2019, Maryland will join the ranks of other states that ban noncompete agreements for low-wage employees. But the ban is narrowly tailored

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6/18/2019
Jonathan Cooper
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When NY Courts Will Uphold Liquidated Damages by a Noncompete

There are some circumstances when NY's courts will uphold a liquidated damages clause in a non-compete agreement - but it's got to be done the right way

Category: Keyword Search: noncompete

6/13/2019
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By Contract, Employer Can Recover Legal Fees - Win or Lose

A ruling by the 6th Circuit earlier this year held that in a fight over a non-compete, a former employer can recover their legal fees - even if they lose

Category: Keyword Search: noncompete

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: noncompete

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: noncompete

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 court

Category: Keyword Search: noncompete

1/23/2019
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Why a CA Court Held This Nonsolicit Provision Illegal

A November, 2018 decision in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. confirms why some non-solicit provisions are also invalid in California

Category: Keyword Search: noncompete

7/23/2018
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Judge Crafts Creative Solution In Issuing TRO on Non-Compete

In a June 29, 2018 ruling, a NY County judge issued a creative, Solomonic ruling that balanced the former employer need for a TRO with plaintiff's need to work

Category: Keyword Search: noncompete

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: noncompete

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 partnership

Category: Keyword Search: noncompete

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 did

Category: Keyword Search: noncompete

2/13/2018
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Why Yesterday's IBM v. Microsoft Non-Compete Suit is Inane

Yesterday, IBM sued Microsoft for poaching its chief diversity officer, Lindsay-Rae McIntyre, in violation of her non-compete with IBM. The lawsuit is inane.

Category: Keyword Search: noncompete

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 Cooper

Category: Keyword Search: noncompete

12/12/2017
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PA Court: Noncompete Only Starts to Run from Injunction

In a huge decision, a Pennsylvania appeals court ruled that the clock on a former employee's non-compete started to run from the date of the court's injunction

Category: Keyword Search: noncompete

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: noncompete

5/15/2017
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The Noncompete Case Had Huge Holes. It Almost Didn't Matter

One of the most frequently overlooked aspects of a lawsuit is that fundamental question as to how likeable - or un-likeable - a client is to a court or jury

Category: Keyword Search: noncompete

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 employers

Category: Keyword Search: noncompete

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 jurisdiction

Category: Keyword Search: noncompete

1/26/2017
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NY Appeals Court: Firing Without Cause Vitiates Non-Compete

In a recent decision, one of NY's appellate courts weighed in on whether firing an employee without cause inherently vitiates their non-compete

Category: Keyword Search: noncompete

1/26/2016
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When a NY Court Will Enforce a Noncompete - and Grant a TRO

NY non-compete lawyer Jonathan Cooper explains why the lawsuit with Microsoft suing Salesforce.com for a non-compete clause would told tight with NY law.

Category: Keyword Search: noncompete

12/1/2015
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NY Court: By Turning Down Stock Options, Execs Could Compete

In a hot-off-the-presses decision, a Suffolk County trial court held that former execs weren't bound by their noncompetes once they turned down stock options

Category: Keyword Search: noncompete

11/11/2015
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How Smart Companies Protect More By Narrowing Non-Competes

A Suffolk County trial court decision highlights how smart companies can protect more of their proprietary information by narrowing their non-competes

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