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?
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NY Court: Suing to Rescind Contract Doesn't Equal BreachA few months ago, NY's Court of Appeals issued an important - and correct - ruling that suing to rescind a contract doesn't constitute an anticipated breach
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With Non-Competes, Choose to Win the War, Not the BattleFollowing 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 plans
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PA Court: Noncompete Only Starts to Run from InjunctionIn 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
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No, My Firm's Fees on Noncompetes Are Not an Opening BidIn 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.
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The Distinction Between Hold Harmless and Additional Insurance Requirements is HugeIn the construction context, parties have tried to seek "hold harmless" and/or an additional insurance requirement from contractors. The distinction is critical
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Why the City is Likely Immune to Daycare Negligence ClaimsOne of the biggest hurdles to recovering damages for daycare negligence is getting past the special duty requirement, explains Jonathan Cooper
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Can Work Done in the Past Support a New Agreement?A recent decision by one of New York's appellate courts highlights how a plaintiff lost what should have been a very winnable breach of contract case
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How to Prove a Breach of Contract Case in New YorkWhat are the basic elements of a contract, and what you need to prove in the event that the contract is breached in order to win your case?
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When Employees Can (& Can't) Be Forced to Sign a Non-CompeteDifferent jurisdictions follow different competing policy arguments as to why (or why not) existing employees can be compelled to sign a non-compete
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Can a Doctor Be Held to a Non-Compete in New York?For years now, there has been great disagreement between the various states as to whether patient choice should trump a doctor's non-compete agreement
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When Corporate Officers Can Be Held Personally Liable in NYA recent decision from a NY Appeals court serves as an important reminder - and warning - that corporate immunity isn't always there for the asking
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NY Federal Judge Lays Out Blueprint for Defeating Non-CompetesIn 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.