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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When Clients Lie - And Get CaughtA school bullying case we handled ended in disappointing fashion. And the outcome could have been far better for the clients - if only they hadn't lied.
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Plaintiff's 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
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Court: Just Because Non-Compete Says It Doesn't Make it SoA 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
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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
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The 3 Best Ways to Protect Trade Secrets When Employees LeaveThere are 3 practical, easily implemented strategies for protecting your trade secrets against unfair use by competitors, explains Jonathan Cooper
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NY Appeals Court: Firing Without Cause Vitiates Non-CompeteIn a recent decision, one of NY's appellate courts weighed in on whether firing an employee without cause inherently vitiates their non-compete
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Is a Non-Solicit Clause Synonymous with a Non-Compete?In a hot-off-the-presses decision striking down a noncompete, a Wisconsin appeals court broadens the term far beyond how it's been understood elsewhere, like NY
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How a NY Contractor Was Bilked Out of Its Fees for "Extra Work"This case is an object lesson in what can happen when you fail to memorialize your change work orders in writing, explains Jonathan Cooper
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Bad Law Forces Court to Deny Insured Recovery of Legal Fees in Coverage DisputeDespite a clear finding that the insurer had wrongly disclaimed coverage, the trial court's hands were tied by a bad law that disallowed recovery of legal fees
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Did AG Schneiderman Go Too Far in Jimmy John's Noncompete Fight?On June 22, AG Schneiderman issued a press release touting the settlement he reached with Jimmy John's over their non-competes. But did he go too far?
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When Schools Take the Anti-Bullying Laws Too FarThere comes a point at which well-meaning schools can actually take anti-bullying laws too far, says NY school bullying lawyer Jonathan Cooper
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NY Court: E-Mail Alone Constitutes Valid Written AgreementSurprising as it may sound, there are times that an email alone can be considered enough to prove the parties had an agreement - at least under NY law