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 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
Using Its "Head," NY Court Finds that Port-A-Head is Necessary At Worksite
Sometimes you have to take a step back to appreciate the arguments that are advanced by attorneys. And sometimes those arguments just make you laugh.
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When Attorneys Go Way Too Far
Recently, I attended a non-party deposition in a commercial litigation matter arising out of a dispute over who is the rightful owner of a particular property in New York.
How Some Important Exceptions to NY's Statute of Frauds Can Sustain a Breach of Contract Action
NY court rules in HP Hood v Diamond D Realty, impacting $1.5M dairy product payment dispute
Finding Insured Lied in His Insurance Application, Brooklyn Court Dismisses Stolen Vehicle Claim
Court dismisses claim due to insured's false statements.