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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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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

Category: Keyword Search: noncompete

10/22/2015
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When a Fiduciary Breaches a Non-Compete - and Lies About It

Reading the sordid facts of this case, it's no wonder plaintiff won this breach of non-competition agreement and fraudulent inducement/concealment case

Category: Keyword Search: noncompete

10/14/2015
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How Liquidated Damages Clauses Apply in the Noncompete Realm

There is an increasing trend towards liquidated damages clauses in employment agreements. But are they enforceable in New York? Jonathan Cooper explains

Category: Keyword Search: noncompete

9/11/2015
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Is "Civil Litigation" an Oxymoron?

Business litigation doesn't inherently require being uncivil; in fact, being cordial will more often work in your client's favor, explains Jonathan Cooper

Category: Keyword Search: noncompete

8/19/2015
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How a TRO Bid in a NY Noncompete Case Failed - Miserably

In a recent decision, a Suffolk County company got shut out on their non-compete claim against a former employee, explains NY noncompete lawyer Jonathan Cooper

Category: Keyword Search: noncompete

7/8/2015
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The Toughest - & Most Important - Decision Facing a Litigant

There is one crucial decision that continually faces a litigant, explains New York business litigation attorney Jonathan Cooper

Category: Keyword Search: noncompete

6/22/2015
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Is Criticism of Senate Bill Banning Noncompetes Valid?

A recent bill proposed by Senators Franken and Murphy seeking to ban non-competes for low-wage employees has spurred a great deal of criticism. Is it valid?

Category: Keyword Search: noncompete

6/17/2015
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Why Injunction Isn't Automatic, Even When Noncompete Says So

Just because an employment agreement grants the employer the right to an injunction for violation of a non-compete doesn't mean they'll get it in court

Category: Keyword Search: noncompete

6/9/2015
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Court: Generic Marketing Methods Not Protected by Noncompete

Just because a noncompete clause says an activity is prohibited doesn't necessarilymake it so, says NY noncompete attorney Jonathan Cooper

Category: Keyword Search: noncompete

3/19/2015
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WSJ: Why Signing a Noncompete Without Planning is Dangerous

Just over a year ago, a Wall Street Journal article provided horror stories of middle-aged employees who didn't plan properly regarding their noncompetes

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3/4/2015
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How Much Justice Can You Afford?

Too often, the results of a case are dictated by the parties' finances rather than right and wrong, explains New York business litigation attorney Jonathan Cooper

Category: Keyword Search: noncompete