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Law Offices of Jonathan M. Cooper

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 accidentsslip and/or trip and fall accidentsauto accidents, and, of course, defective or dangerous products

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3/29/2018
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12 y.o. Girl Commits Suicide Following Bullying at School

In another sign that something serious is amiss with the educational system, a 12 y.o. girl recently committed suicide after egregious and relentless bullying

Category: School Negligence / Personal Injury

3/27/2018
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How Avenatti is Making the Wrong Argument in NDA Breach Case

Objective analysis reveals that Stormy Daniels's attorney is clearly making the wrong argument for why her NDA with Trump shouldn't be enforceable

Category: Breach of Contract

3/6/2018
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When Case Developments Make You Look Smarter Than You Are

3 weeks ago, I wrote that IBM's lawsuit against Microsoft was "inane," and should be settled by briefly sidelining Ms. McIntyre. That's exactly what happened

Category: Non-Compete & Employment Agreements

3/6/2018
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NJ Bill Proposes Very Strict Limits on Non-Competes

A few months ago, NJ's legislature proposed some of the strictest limits on non-compete agreements in the country. These bills do raise lots of questions.

Category: Non-Compete & Employment Agreements

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: Non-Compete & Employment Agreements

2/12/2018
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A New Solution for Students Repeatedly Bullied At School?

A new Florida bill proposes to let bullied students escape the bullying by transferring out of public school and attending private school on a voucher

Category: School Negligence / Personal Injury

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 Cooper

Category: Non-Compete & Employment Agreements

1/30/2018
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NY Court: Suing to Rescind Contract Doesn't Equal Breach

A 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

Category: Breach of Contract

1/24/2018
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With Non-Competes, Choose to Win the War, Not the Battle

Following 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

Category: Non-Compete & Employment Agreements

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 injunction

Category: Non-Compete & Employment Agreements

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: Non-Compete & Employment Agreements

11/29/2017
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When Hold Harmless Clauses Will Be Voided By New York Law

In the construction context, parties have tried to seek "hold harmless" and/or an additional insurance requirement from contractors. The distinction is critical

Category: Breach of Contract

11/29/2017
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Distinguishing Indemnity From Additional Insured in Contract

In the construction context, parties have tried to seek "hold harmless" and/or an additional insurance requirement from contractors. The distinction is critical

Category: Breach of Contract

11/14/2017
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Why the City is Likely Immune to Daycare Negligence Claims

One of the biggest hurdles to recovering damages for daycare negligence is getting past the special duty requirement, explains Jonathan Cooper

Category: School Negligence / Personal Injury

11/8/2017
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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

Category: Breach of Contract

11/8/2017
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How to Prove a Breach of Contract Case in New York

What 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?

Category: Breach of Contract

11/3/2017
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When Employees Can (& Can't) Be Forced to Sign a Non-Compete

Different jurisdictions follow different competing policy arguments as to why (or why not) existing employees can be compelled to sign a non-compete

Category: Non-Compete & Employment Agreements

11/3/2017
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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

Category: Non-Compete & Employment Agreements

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10/16/2017
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When Corporate Officers Can Be Held Personally Liable in NY

A recent decision from a NY Appeals court serves as an important reminder - and warning - that corporate immunity isn't always there for the asking

Category: Breach of Contract

8/15/2017
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NY Federal Judge Lays Out Blueprint to Defeat a Non-Compete

In 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.

Category: Non-Compete & Employment Agreements

8/8/2017
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8th Cir.: Independent Contractor's Non-Compete Went Too Far

A hot off the presses decision from a Federal appeals court in Iowa held an independent contractor's non-compete was manifestly unreasonable, dismissing the case

Category: Non-Compete & Employment Agreements

7/24/2017
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How School Bullying Statistics Are Far Worse Than They Look

The numbers suggest that bullying across New York's public schools isn't all that bad. But if you scratch the surface, the numbers tell quite a different story

Category: School Negligence / Personal Injury

7/1/2017
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The Biggest Mistake You Can Make When Negotiating Contracts

There is one, overriding, all-encompassing, unfortunate mistake that companies & individuals miss when negotiating contracts - and it's largely avoidable.

Category: Non-Compete & Employment Agreements

6/20/2017
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When Clients Lie - And Get Caught

A 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.

Category: School Negligence / Personal Injury

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 jury

Category: Non-Compete & Employment Agreements