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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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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

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 Cooper

Category: 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 Cooper

Category: 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 recourse

Category: 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 Cooper

Category: 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 Cooper

Category: Business Litigation

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 Cooper

Category: 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 them

Category: Business Litigation

1/1/2016
Jonathan Cooper
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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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1/1/2016
Jonathan Cooper
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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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