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, and school negligence.
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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How New York Courts Determine Whether an Arbitration Clause is EnforceableWhen your contract has been breached, your first reaction might very well be to bring a lawsuit in State or Federal Court. But that course of action may not be available.
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NY Appeals Court: Don't Bother Bringing Business Fraud Claims Unless You Can Back It UpFiling a business fraud claim in New York? The NY Appeals Court makes clear you need solid evidence. Learn what this means for breach of contract and commercial litigation.
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How to Prove Employer Negligence for an Employee's Bad Acts Under NY Lawthere is a doctrine in New York which holds that under certain circumstances, an employer can be held liable for its employees acts - even where those acts were clearly not undertaken in furtherance of the employer's interests.
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How to Recover Lost Profits in a Breach of Contract CaseThere are some instances where you can recover your lost profits in a breach of contract case - but it's far easier said than done, explains Jonathan Cooper
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How to Win the Breach of a Severance Agreement Case in New YorkIt seems to me that many people are under the impression that your hands are completely tied, and you have no immediate recourse to the New York State courts if your former employer breaches your severance agreement.
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How Disclaimers in a Contract Can Defeat a Breach of Implied Warranty Claim Under NY LawLearn how disclaimers in NY contracts can block breach of warranty lawsuits. Key rules and legal strategy.
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When NY Courts Will Uphold Non-Compete Clauses - No Matter How UnreasonableThere is an extremely important exception to the New York Courts' express disfavor for non-compete agreements: the employee choice doctrine.
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When NY Employers Condition Receipt of Post-Employment Benefits on a Non-CompeteAs you may be aware, it has become increasingly common for employers to condition their employees' receipt of post-employment benefits upon the employees' agreement to abide by a strict non-compete clause.
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Why It's So Hard to Prove the Breach of an ERISA Severance Plan In NYalthough an employee may, as a general rule, bring a common law (i.e., non-statutory) breach of contract claim based upon the failure of an employer to live up to their end of the deal of a severance agreement.
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How a Demotion Can Be Deemed a Breach of Employment Agreement Under NY LawConsider the following hypothetical scenario: Jim is hired by ABC Stores as Executive VP of Sales and Marketing.
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How Damages for the Breach of an Employment Contract Are Calculated Under NY LawWhat damages can I reasonably expect to recover under New York law? As you might expect, the answer is a little bit complicated, and the determination of the right measure of damages is inherently fact-specific.
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Proving a Negligent Misrepresentation Claim Under New York Law - and How it Differs from FraudNegligent misrepresentation is distinct from fraud, with its own elements and required proof Unlike its cousin, the 01/01/2016 Breach of Fiduciary Duty