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?
6/2/2016
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NY Court: E-Mail Alone Constitutes Valid Written Agreement
Surprising as it may sound, there are times that an email alone can be considered enough to prove the parties had an agreement - at least under NY lawCategory: Breach of Contract
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6/2/2016
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New Study on How Schools Fail at Fighting Bullying
A recent study out of Kentucky lays out some of the primary reasons that schools across the country have seen only limited success at stemming bullyingCategory: School Negligence / Personal Injury
5/20/2016
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New WH Report Signals Changes to Non-Competes Are Coming
A May, 2016 report from the White House lays out in broad terms its view on how the states should impose further limits on non-competes, says Jonathan CooperCategory: Non-Compete & Employment Agreements
4/21/2016
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Why "Merely Speculative" Damages Means You Lose in Court
There are certain basic things you need to prove to win a breach of contract claim, and it can't be guesswork or just wishful thinking, says Jonathan CooperCategory: Breach of Contract
3/30/2016
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NY Court: Financial Advisors Aren't Professionals
While financial advisors might take offense at being told they aren't "professionals," they shouldn't. It means they face far less liability to being suedCategory: Breach of Contract
3/30/2016
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How One State Nails Employers Who Go Too Far on Non-Competes
One State just passed legislation that truly sticks it to employers who are overly aggressive with their non-competes, explains NY attorney Jonathan CooperCategory: Non-Compete & Employment Agreements
3/29/2016
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The Single, Best Way to Protect Your Broker's Commissions
If you are an insurance broker, and were wondering how you are supposed to protect against having your commission agreement breached, here's your roadmap.Category: Breach of Contract
3/22/2016
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Why Documents Alone Rarely Get Outright Dismissal of a Case
Documentary evidence alone, even if compelling, are usually insufficient to get a case dismissed at the outset of a case, says Jonathan CooperCategory: Business Litigation
3/14/2016
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Two (Rare) Times Punitive Damages Claims Can Succeed in NY
Proving a punitive damages claim is far from easy, at least in New York. Jonathan Cooper explains when these claims will be allowed to proceedCategory: Tortious Interference
3/10/2016
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Does Bankruptcy Immunize Company From Non-Compete Claims?
When OfficeMax and A & P squared off over a senior level employee's non-compete, Court was called to address whether bankruptcy rendered the case mootCategory: Non-Compete & Employment Agreements
3/9/2016
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Bad Faith Found, Allstate Liable for Consequential Damages
I found myself cheering when the Westchester County trial court hit Allstate for its bad faith refusal to honor this signfiicant, and righteous insurance claimCategory: Breach of Contract
3/8/2016
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How NY's High Court Made It Easier to Prove/Win Fraud Claims
A few years back, NY's Court of Appeals went out of its way to allow a fraud claim to proceed, opening the door for other, similar claims, says Jonathan CooperCategory: Breach of Fiduciary Duty
3/7/2016
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The Best Defense to Tortious Interference Claims in New York
When it comes to tortious interference with contract claims, one of required elements makes it tough to prove your case under NY law, says Jonathan CooperCategory: Tortious Interference
3/4/2016
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When Fiduciaries Conceal Evidence in Response to a Subpoena
A NY appeals court held that a fiduciary - even a non-party - can be liable for withholding or spoliating evidence in response to a subpoena, says Jonathan CooperCategory: Breach of Fiduciary Duty
3/3/2016
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The Most Critical Factor to Establishing Waiver as a Defense
There is one clearly important factor to establish before a court will even consider waiver as a defense, says NY breach of contract attorney Jonathan CooperCategory: Breach of Contract
3/2/2016
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The Different Ways an Insurance Broker Can Be Liable in NY
There are some circumstances where an insurance broker can be held on the hook when your insurer doesn't own up, explains Jonathan CooperCategory: Breach of Contract
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 dismissalCategory: 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 CooperCategory: 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 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