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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Why Fiduciary Duty Doctrine is So Badly MisusedIn my experience, there are few legal phrases that are more misunderstood or misapplied than fiduciary duty.
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Why Employees' Bad Acts Are (Almost) Always Imputed to Corp.Why the important exception to the rule holding defendants liable for their employees actions is so rarely invoked, explains Jonathan Cooper
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When a NY Company's Ability to Fire At Will Goes Too FarNew York's Court of Appeals' dismissal of a wrongful termination/breach of contract claim by a compliance officer in Sullivan v. Harnisch is troubling.
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Why Suing Teen's Cyberbullies & Their Parents Was a Bad IdeaA few years back, a 16 y.o.'s parents sued her cyberbullies - & their parents - directly. Jonathan Cooper explains why this was probably a bad idea
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Is My Non-Compete Agreement Enforceable Under New York law?In response to the significant number of times I've been asked this question, here's a summary of what New York's highest court has said on the subject
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Most Business Fraud Claims Fail Under NY Law. Here's WhyThe reason that so many business fraud claims are dismissed: because these claims were already waived by contract.
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When the Other Side Signals it Will - But Hasn't Yet - Breached Your ContractYou may not have to wait until the breach of your contract is final before taking steps to protect yourself, explains NY contract breach lawyer Jonathan Cooper.
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Strange But True: Partnership Agreements Need Not Be WrittenStrange as it may sound, partnerships don't inherently need to be written in order to be enforced - at least not in NY - explains Jonathan Cooper
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Co. Lies About Discovery, Gets Caught; and Gets Hit for $2MMLet there be no mistake: if you're lying in order to stonewall your adversary, and it's obvious to a Federal Judge, you do so at your own peril.
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How Buyer's Mistake Allowed Seller to Keep Downpayment in NYAn avoidable mistake allowed a seller to keep the buyer's downpayment as damages, explains NY breach of contract lawyer Jonathan Cooper
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Why Lacking a Valid Contract Doesn't Have to Mean You LoseJust because a court finds that you didn't have a valid, enforceable agreement doesn't inherently mean you're completely out of luck, says Jonathan Cooper
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NY Court Denies Commission Salesman Statutory Damages, FeesA NY trial court's decision serves as an important reminder about paying attention to the fundamentals in breach of contract actions in New York.