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?
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 subjectCategory: 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 CooperCategory: 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 CooperCategory: 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 CooperCategory: 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 YorkCategory: 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 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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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