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?
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 voucherCategory: 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 CooperCategory: 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 breachCategory: 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 plansCategory: 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 injunctionCategory: 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 criticalCategory: 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 caseCategory: 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-competeCategory: 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 askingCategory: 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 caseCategory: 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 storyCategory: 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 juryCategory: Non-Compete & Employment Agreements
5/9/2017
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Court: Just Because Non-Compete Says It Doesn't Make it So
A recent decision from a Massachusetts trial court declining to issue a TRO barring a former employee from taking a new job is instructive for employersCategory: Non-Compete & Employment Agreements
3/31/2017
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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 jurisdictionCategory: Non-Compete & Employment Agreements
3/30/2017
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3 Best Ways to Protect Trade Secrets When Employees Resign
There are 3 practical, easily implemented strategies for protecting your trade secrets against unfair use by competitors, explains Jonathan CooperCategory: Non-Compete & Employment Agreements
1/26/2017
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NY Appeals Court: Firing Without Cause Vitiates Non-Compete
In a recent decision, one of NY's appellate courts weighed in on whether firing an employee without cause inherently vitiates their non-competeCategory: Non-Compete & Employment Agreements
8/23/2016
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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 NYCategory: Non-Compete & Employment Agreements