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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Small, But Maybe the Most Critical Clause in a Non-Compete Agreement With the laws regarding non-competes in near-constant flux, you would be downright foolish not to have this clause in your non-compete agreements. -
Hypocritical Pol is Staunchly for Tort Reform. Until it's His Own Case Sen. Rand Paul just won a jury award over $500,000. If he had his way on tort reform, though, he wouldn't have gotten even half that amount. -
The Way to Sue a New York Charter School for its Negligence Since the case law regarding charter schools is scant, and the laws are complex, here's a primer on how to sue charter school for its negligence under NY law. -
Sometimes You Can't Recover Your Legal Fees - Even If Your Contract Says So Although contract provisions allowing you to recover your attorneys' fees in the event of litigation are usually enforced, you can go too far and come up empty -
Why a California Court Held This Particular Non-solicit Provision Illegal A November, 2018 decision in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. confirms why some non-solicit provisions are also invalid in California -
Missouri Court: There's a Big Distinction Between New & Existing Employees The Missouri Supreme Court recently set forth their view that there is a big difference between what agreements can be given to new and pre-existing employees -
The Cardinal Sin to Avoid When Arbitration Goes Badly Without a doubt, there is a singular (and avoidable) cardinal sin when arbitration goes badly, explains NY trade secret and noncompete attorney Jonathan Cooper -
Arbitration vs. the Courts: Which is Better for You? When drafting agreements for small businesses, a common question arises: where should disputes be brought - arbitration or the courts? -
When Arbitrators' Disregard of the Law Won't Matter in NY There are some instances where an arbitrator can disregard New York law - and it won't matter; you'll still be stuck with his/her decision. -
You Can't Win an Unfair Competition Claim Without This Without a doubt, the most challenging prong to establishing an unfair competition claim is the "bad faith" element. Here's how you prove it. -
You Can't Have a Viable School Liability Case Without This In the vast majority of situations where schools have been negligent, that does not translate into being a viable lawsuit against the school. -
This is Not What a Breach of Contract Action is For Yesterday, I had a most disturbing conversation with a prospective client on a breach of contract matter. Our conversation ended poorly.