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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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3/1/2016
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How Employee Recovered Commissions Earned Post-Termination

A poorly drafted employment agreement allowed a former employee's claim to recover commissions that were earned post-termination to survive dismissal

Category: Non-Compete & Employment Agreements

3/1/2016
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How a Website Alone Can Subject You to Being Sued in NY

As we wrote nearly one year ago in "E-mail Mistakes That Can Cost Your Small Business in Court," there is no such thing as an innocuous e-mail.

Category: General

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2/29/2016
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Why Fiduciary Duty Doctrine is So Badly Misused

In my experience, there are few legal phrases that are more misunderstood or misapplied than fiduciary duty.

Category: Breach of Fiduciary Duty

2/24/2016
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Why Employees' Bad Acts Are (Almost) Always Imputed to Corp.

Why the important exception to the rule holding defendants liable for their employees actions is so rarely invoked, explains Jonathan Cooper

Category: Breach of Fiduciary Duty

2/22/2016
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When a NY Company's Ability to Fire At Will Goes Too Far

New York's Court of Appeals' dismissal of a wrongful termination/breach of contract claim by a compliance officer in Sullivan v. Harnisch is troubling.

Category: Non-Compete & Employment Agreements

2/8/2016
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Why Suing Teen's Cyberbullies & Their Parents Was a Bad Idea

A few years back, a 16 y.o.'s parents sued her cyberbullies - & their parents - directly. Jonathan Cooper explains why this was probably a bad idea

Category: School Negligence / Personal Injury

2/8/2016
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Is My Non-Compete Agreement Enforceable Under New York law?

In response to the significant number of times I've been asked this question, here's a summary of what New York's highest court has said on the subject

Category: Non-Compete & Employment Agreements

2/7/2016
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Most Business Fraud Claims Fail Under NY Law. Here's Why.

The reason that so many business fraud claims are dismissed: because these claims were already waived by contract.

Category: Business Litigation

2/3/2016
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When Other Side Signals it Will - But Hasn't Yet - Breached

You may not have to wait until the breach of your contract is final before taking steps to protect yourself, explains NY contract breach lawyer Jonathan Cooper.

Category: Breach of Contract

2/2/2016
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Strange But True: Partnership Agreements Need Not Be Written

Strange as it may sound, partnerships don't inherently need to be written in order to be enforced - at least not in NY - explains Jonathan Cooper

Category: Breach of Fiduciary Duty

1/29/2016
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Co. Lies About Discovery, Gets Caught; and Gets Hit for $2MM

Let there be no mistake: if you're lying in order to stonewall your adversary, and it's obvious to a Federal Judge, you do so at your own peril.

Category: Breach of Contract

1/28/2016
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How Buyer's Mistake Allowed Seller to Keep Downpayment in NY

An avoidable mistake allowed a seller to keep the buyer's downpayment as damages, explains NY breach of contract lawyer Jonathan Cooper

Category: Breach of Contract

1/28/2016
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Why Lacking a Valid Contract Doesn't Have to Mean You Lose

Just because a court finds that you didn't have a valid, enforceable agreement doesn't inherently mean you're completely out of luck, says Jonathan Cooper

Category: Breach of Contract

1/27/2016
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NY Court Denies Commission Salesman Statutory Damages, Fees

A NY trial court's decision serves as an important reminder about paying attention to the fundamentals in breach of contract actions in New York.

Category: Breach of Contract

1/27/2016
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DOJ: Non-Compete Agreements in Hi-Tech Sector Go Too Far

NY non-compete lawyer Jonathan Cooper law explaining non-compete agreements and non-solicitation agreements in New York

Category: Non-Compete & Employment Agreements

1/26/2016
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When a NY Court Will Enforce a Noncompete - and Grant a TRO

NY non-compete lawyer Jonathan Cooper explains why the lawsuit with Microsoft suing Salesforce.com for a non-compete clause would told tight with NY law.

Category: Non-Compete & Employment Agreements

1/26/2016
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Disclaimer Rejected, Insurer Liable for Insured's Legal Fees

A NY trial court decision from a few years back serves as an important reminder why it pays - sometimes - to fight an insurer's disclaimer of coverage

Category: Breach of Contract

1/25/2016
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Darn, Missed the Deadline To Sue. Or Did You?

The continuous representation doctrine offers an important way around the time limits set for bringing suit in New York, explains Jonathan Cooper.

Category: Business Litigation

1/22/2016
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When Third Parties (aka Non-Parties) Can Enforce a Contract

Strange as it may sound, there are times that non-signatories to an agreement can still enforce the contract against the parties, explains Jonathan Cooper

Category: Breach of Contract

1/21/2016
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Court: NYC Liable for Disabled Bullied Girl's Tuition

A hot-off-the-presses decision from a NY Federal Appeals court held NYC liable to pay for the private school tuition of a disabled girl who was bullied

Category: School Negligence / Personal Injury

1/21/2016
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Wrong View of Law Costs Client Other Side's Legal Fees

In a David v Goliath case I recently tried to verdict, the defendant was forced to pay my client's legal fees - because their lawyer was dead wrong on the law

Category: Breach of Contract

1/20/2016
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How an Employee Manual's Whistleblower Clause Was Worthless

A NY trial court's decision to dismiss a bank employee's breach of contract & wrongful termination claim serves a clear warning to at-will employees everywhere

Category: Non-Compete & Employment Agreements

1/16/2016
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Unpaid Commissions Claim Survives, Despite Lack of Writing

A New York Appellate Court refused to dismiss the unpaid commissions claim of an at-will employee, even though the agreement wasn't reduced to writing

Category: Breach of Contract

1/14/2016
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No Written Agreement? No Problem, Says NY Court

Just because your agreement wasn't reduced to writing doesn't necessarily mean that you don't have to pay for services received, says Jonathan Cooper

Category: Breach of Contract

1/13/2016
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Westchester Case Lays Out Paradigm for Piercing Corp. Veil

In a case with salacious - and all-too-common facts - that was reported in this week's New York Law Journal, a Westchester County court declined to dismiss the plaintiff's claim.

Category: Breach of Fiduciary Duty