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?
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 itCategory: 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 lawCategory: Keyword Search: noncompete
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