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 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?
11/15/2018
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Arbitration vs. the Courts: Which is Better for You?
When drafting agreements for small businesses, a common question arises: where should disputes be brought - arbitration or the courts?Category: Business Litigation
11/12/2018
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When Arbitrators' Disregard of the Law Won't Matter in NY
There are some instances where an arbitrator can disregard New York law - and it won't matter; you'll still be stuck with his/her decision.Category: Business Litigation
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 towCategory: Non-Compete 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 lawsuitCategory: 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 orderCategory: Non-Compete 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 bullyingCategory: 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 workCategory: Non-Compete 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 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 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 agreementsCategory: Non-Compete 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 aideCategory: 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 losingCategory: 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 contractCategory: 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 rankingCategory: 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 itCategory: Non-Compete 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 accidentCategory: 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 partnershipCategory: Non-Compete 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 didCategory: Non-Compete 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 bullyingCategory: 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 enforceableCategory: Breach of Contract