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?
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 coverageCategory: 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 CooperCategory: 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 bulliedCategory: 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 lawCategory: 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 everywhereCategory: 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 writingCategory: 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 CooperCategory: 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
1/12/2016
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No, You Can't Avoid Judgment by Just Transferring Assets
A recent verdict by a federal jury against a successor corp. serves as a cautionary tale against transferring assets to avoid a judgment, says Jonathan Cooper
Category: Breach of Contract
1/11/2016
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Courts Push Promising New Tool to Reduce E-Discovery Costs
Federal courts have started to promote a promising technology that should reduce significantly litigants' electronic discovery costs, explains Jonathan CooperCategory: Non-Compete & Employment Agreements
1/10/2016
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Not All Illegal Contracts Are Created Equal - At Least in NY
Just because a contract is illegal doesn't automatically mean it's unenforceable under New York law, explains Jonathan CooperCategory: Breach of Contract
1/8/2016
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Some Lesser-Known Ways to Recover for Breach of Contract
There are several lesser-known kinds of breach of contract. Before just taking your lumps, it may behoove consumers to make sure that they have no legal recourseCategory: Breach of Contract
1/7/2016
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Why Making Repeated Dismissal Motions in NY is a Bad Idea
Making multiple motions for summary judgment is usually a very bad idea, explains New York business litigation attorney Jonathan CooperCategory: Business Litigation
1/7/2016
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When a New York Court Rejects Your Liquidated Damages Clause
Just because a New York court invalidated your liquidated damages clause doesn't mean you are without recourse, says NY breach of contract lawyer Jonathan CooperCategory: Breach of Contract
1/5/2016
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Why a NY Court Won't Enjoin a Defendant from Defaming You
There's a reason why it's almost impossible to get an injunction barring a defendant from defaming you in New York, explains Jonathan CooperCategory: Business Litigation
1/5/2016
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Principles v. Pragmatism: How Trial Can Be Bad for You
It's scary how some people get angry, lose all focus, and refuse to settle their cases - no matter how bad an economic decision that may be for themCategory: Business Litigation
NY Court:Trial Not Needed to Find Employee's Contract Was Breached
Long Island & Brooklyn, NY breach of employment contract lawyer Jonathan Cooper discusses a case where a court found employment breached as a matter of law.Category: General
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No Tortious Interference Without Breach of Contract, Says NY Court
Long Island, NY breach of contract attorney Jonathan Cooper discusses a recent decision by a NY Federal court dismissing a tortious interference claim.Category: General
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Avoiding the Rush to Judgment in a Breach of Contract Case
Long Island, NY breach of contract lawyer Jonathan Cooper discusses why it's important to avoid rushing to judgment in a breach of contract case.Category: General
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Brooklyn Paper Sues Reporter to Enforce Non-Compete Agreement
Long Island & Brooklyn, New York non-compete agreement attorney Jonathan Cooper discusses a recent case where a reporter was sued by his old employer.Category: General
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When NY Courts Will Uphold Liquidated Damages for Breach of a Non-Compete
Long Island, NY non-compete lawyer Jonathan Cooper discusses when NY's courts will uphold a liquidated damages clause in a non-compete agreement.Category: General
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NY Trial Court Holds Non-Compete Clause Unenforceable
Long Island, NY non-compete & business litigation attorney Jonathan Cooper discusses a recent case where a NY court held invalid a non-compete agreement.Category: General
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Why Some With a Breach of Fiduciary Duty by a NY Co. Can't Be Helped
Long Island, NY breach of fiduciary duty attorney Jonathan Cooper discusses why some people, who do not provide sufficient information, cannot be helped.Category: General
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At Risk of Stating the Obvious, NY Court Gives Contract Plain Meaning
Long Island, NY breach of contract attorney Jonathan Cooper explains why a NY Court refused an elevator maintenance company's attempt to overreach on a contract
Category: General
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