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?
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The Faithless Servant Doctrine: The Employer's Most Powerful Weapon Against Disloyal EmployeesWhen pursuing a (purportedly) disloyal employee, there is little doubt that the faithless servant doctrine is the biggest weapon in the employer's arsenal
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President Biden's July 9 Executive Order Didn't Alter the Law on Non-Competes ... YetThis week, President Biden issued an Executive Order that charged the FTC with banning non-competes. But has that changed current status of the law?
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How Recent Former Employees Can Proactively Attack a NoncompeteContrary to popular belief, former employees don't necessarily need to stay in a defensive posture regarding their noncompete. In some cases, they can attack
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Further Limiting Non-Competes, Oregon's New Non-Compete Law Pushes the EnvelopeWhen it comes to imposing strict limits on employers' use of non-competes, Oregon clearly isn't playing around, as its new noncompete laws make clear.
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What a Former Employer Likely Can - and Can't - Expect to Recover From a Disloyal EmployeeIn the case of a former employee that was disloyal and violated their restrictive covenant, there are some things the employer likely can - and can't - recover
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Where NY's Courts Draw the Line on Liability Limitation ProvisionsMany are familiar with limited liability provisions in contracts; what is less known is that the courts have placed important limits on those provisions
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Why the Level of Intent Matters by Trade Secret TheftWhen it comes to misappropriation of trade secrets, the level of the defendant's intent is crucial, as a recent Delaware case held.
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DC on the Cusp of Enacting Broadest Noncompete Ban in the NationJust last week, DC's council passed the Ban on Non-Compete Agreements Act of 2020, which proposes to nullify even those agreements that disallow moonlighting
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Appeals Court: Bankruptcy Doesn't Preempt Tortious Interference Claim Under NY LawA surprising decision from NY's Court of Appeals recently held that state law based tortious interference claims aren't necessarily preempted by bankruptcy
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Yes, Their Customer List Was Stolen. But It Was Clear They Had to Let it GoYesterday, I was approached about a case where the potential client's customer list had been brazenly stolen from them. Here's why they had to let it go.
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Non-Compete Changes to Expect Under an Anticipated Biden AdministrationAssuming the 2020 election results aren't overturned, and Joe Biden becomes the next POTUS, some significant changes to non-compete law may be coming
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The Rare Instance Where Lawyers Can Be Held to a Non-Compete Under NY LawYes, the general rule in NY is that lawyers can't be held to a non-compete. But the Court of Appeals has acknowledged a rare exception to that rule.