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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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11/8/2018
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You Can't Win an Unfair Competition Claim Without This

Without a doubt, the most challenging prong to establishing an unfair competition claim is the "bad faith" element. Here's how you prove it.

Category: Tortious Interference

10/30/2018
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You Can't Have a Viable School Liability Case Without This

In the vast majority of situations where schools have been negligent, that does not translate into being a viable lawsuit against the school.

Category: School Negligence / Personal Injury

10/25/2018
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This is Not What a Breach of Contract Action is For

Yesterday, I had a most disturbing conversation with a prospective client on a breach of contract matter. Our conversation ended poorly.

Category: Breach of Contract

10/24/2018
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How One Missing Non-Compete Provision Cost Employer Millions

A recent decision from a federal appeals court illustrates how a former employer still won big after employees left in droves with clients in tow

Category: Non-Compete & Employment Agreements

10/3/2018
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How NYCDOE Got Precluded From Contesting a Negligence Claim

Granted, it's rare. But there are occasions, like this June, 2018 decision where a defendant will get precluded from contesting its liability in negligence.

Category: School Negligence / Personal Injury

9/20/2018
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Can an Email Alone Be Enough To Get a Case Dismissed in NY?

Earlier this year, NY's Court of Appeals weighed in on whether an email alone can suffice as documentary evidence to warrant the early dismissal of a lawsuit

Category: Breach of Contract

8/21/2018
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How Long You Really Have to File Against Your Child's School

When calculating whether their child's claim against the school may be time-barred, a common refrain we hear from parents is, "But I didn't know!" Is it valid?

Category: School Negligence / Personal Injury

8/8/2018
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What's the Worst That Can Happen if You Ignore an Injunction?

A June 25, 2018 Order from a Federal Appeals Court serves as a sharp reminder what can happen if you ignore a trial court's injunctive order

Category: Non-Compete & Employment Agreements

8/1/2018
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NY Federal Judge Approves Class Settlement on School Bullying

On July 30, 2018, NY Federal Judge Nicholas Garaufis approved the settlement of a class action against NYC's DOE for its systemic failure to address bullying

Category: School Negligence / Personal Injury

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 work

Category: Non-Compete & Employment Agreements

7/18/2018
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New Damages Rule for Trade Secret, Unjust Enrichment Claims

In May, 2018, NY's Court of Appeals altered the rules on how a plaintiff can prove damages in a trade secret theft or unjust enrichment claim. It's a big deal.

Category: Non-Compete & Employment Agreements

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: Non-Compete & Employment Agreements

6/5/2018
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One Area Where Courts Will Favor - and Enforce - Noncompetes

Although, as a general rule, courts disfavor enforcing non-competes, there is one glaring exception to that rule - the area of franchise agreements

Category: Non-Compete & Employment Agreements

5/31/2018
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Claim Filed for Down Syndrome Child Abused by School Aide

Recently, in upstate New York, a claim was filed on behalf of a 6 year-old child with Down Syndrome was repeatedly slapped by a teacher's aide

Category: School Negligence / Personal Injury

5/30/2018
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How Negligence v. Contract Breach Can Mean Winning or Losing

In this realm, NY's courts will usually impose either a negligence or breach of contract theory upon the parties. The distinction can mean winning or losing

Category: Breach of Contract

5/29/2018
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When a Third Party Can Recover for Breach of Contract in NY

There are two limited instances where New York's courts have permitted a third party beneficiary (as opposed to a direct party) to recover in breach of contract

Category: Breach of Contract

5/24/2018
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Can You Be Liable for Hurting a Seller's Amazon Ranking?

A May 18, 2018 filing in a NY Federal Court raises the question as to whether you can be liable in breach of contract for hurting a retailer's Amazon ranking

Category: Breach of Contract

5/14/2018
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Is PA Going to Join States Banning Non-Competes?

PA's House Bill 1938, which was introduced a number of months ago, seeks to ban nearly all non-competes, and to prevent employers from contracting around it

Category: Non-Compete & Employment Agreements

5/14/2018
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Can You Be Liable for Texting Someone Who is Driving?

A May 4 decision from one of NY's appellate courts addresses whether one can be held liable for texting someone they know is driving - and gets into an accident

Category: Car Accidents

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 partnership

Category: Non-Compete & Employment Agreements

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 did

Category: Non-Compete & Employment Agreements

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