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?
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 filedCategory: Keyword Search: noncompete
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 tailoredCategory: Keyword Search: noncompete
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 wayCategory: 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 loseCategory: 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 courtCategory: 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 CaliforniaCategory: 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 workCategory: 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 partnershipCategory: 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 didCategory: 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 CooperCategory: 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 injunctionCategory: 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 juryCategory: 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 employersCategory: 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 jurisdictionCategory: 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-competeCategory: 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 optionsCategory: 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-competesCategory: 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 caseCategory: 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 explainsCategory: Keyword Search: noncompete