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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Former Employer Gets TRO in NY Federal Court for Employee's Breach of a Non-SolicitAn August 1, 2019 decision from a NY federal court lays out the blueprint for how and why a former employer succeeded in seeking a TRO for a nonsolicit breach
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State of Maryland Finally Passes Partial Non-Compete BanEffective October, 2019, Maryland will join the ranks of other states that ban noncompete agreements for low-wage employees. But the ban is narrowly tailored
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Yes, There Are Times When You Can Recover More Than the Policy Limit From Your InsurerWhen your insurer's refusal to pay your claim ruins your business, you may be able to recover more than the policy under New York law, explains Jonathan Cooper
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The Test for When NY Courts Will Uphold Liquidated Damages for Breach of a Non-CompeteThere are some circumstances when NY's courts will uphold a liquidated damages clause in a non-compete agreement - but it's got to be done the right way
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Appeals Court: In Some Cases, Employer Can Recover Legal Fees - Even if They LoseA ruling by the 6th Circuit earlier this year held that in a fight over a non-compete, a former employer can recover their legal fees - even if they lose
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Do the Courts Consider Selective Enforcement a Valid Defense in a Noncompete Case?When departing employees are hit with a cease and desist, they sound a familiar refrain: "But they let Joe go without any problem!" But does that matter?
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How a Great Verdict in a School Bullying Case Got Thrown OutCapping a successful trial, a Sullivan County jury returned a verdict $1 million in the bullied student's favor. And now that verdict has been thrown out.
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Effective January 1, 2020, Washington's Bill Restricting Non-Competes Became LawEffective January 1, 2020, Washington State's non-compete agreements are undergoing a major overhaul. Some are outlawed, others restricted, and more.
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Labor Advocacy Group Formally Asks FTC to Prohibit Non-CompetesIn March, 2019, the Open Markets Institute brought a petition to the FTC, asking it to issue a broad ban against non-competes. The FTC has yet to respond.
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Illinois Court: Trade Secrets May Have Been Taken, But Injunction Still DeniedA recent ruling from an Illinois Court that denied an injunction despite clear evidence former employees had stolen trade secrets serves as a critical lesson
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What Can Go Wrong if You Don't Show Up to Fight a Non-Compete CaseA February 5, 2019 jury award in Miami demonstrates - rather powerfully - what can go wrong if you don't show up to fight a non-compete case
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NY Court Lays Out Blueprint for Doctors Looking to Circumvent a Non-CompeteScore one for those doctors looking to leave their old medical practices and compete - at least according to a February 7, 2019 decision from a NY appeals court