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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Why a California Court Held This Particular Non-solicit Provision IllegalA November, 2018 decision in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. confirms why some non-solicit provisions are also invalid in California
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Missouri Court: There's a Big Distinction Between New & Existing EmployeesThe 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
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The Cardinal Sin to Avoid When Arbitration Goes BadlyWithout a doubt, there is a singular (and avoidable) cardinal sin when arbitration goes badly, explains NY trade secret and noncompete attorney Jonathan Cooper
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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?
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When Arbitrators' Disregard of the Law Won't Matter in NYThere 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.
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You Can't Win an Unfair Competition Claim Without ThisWithout a doubt, the most challenging prong to establishing an unfair competition claim is the "bad faith" element. Here's how you prove it.
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You Can't Have a Viable School Liability Case Without ThisIn the vast majority of situations where schools have been negligent, that does not translate into being a viable lawsuit against the school.
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This is Not What a Breach of Contract Action is ForYesterday, I had a most disturbing conversation with a prospective client on a breach of contract matter. Our conversation ended poorly.
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How One Missing Non-Compete Provision Cost Employer MillionsA recent decision from a federal appeals court illustrates how a former employer still won big after employees left in droves with clients in tow
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How NYCDOE Got Precluded From Contesting a Negligence ClaimGranted, it's rare. But there are occasions, like this June, 2018 decision where a defendant will get precluded from contesting its liability in negligence.
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Can an Email Alone Be Enough To Get a Case Dismissed in NY?Earlier this year, NY's Court of Appeals weighed in on whether an email alone can suffice as documentary evidence to warrant the early dismissal of a lawsuit
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How Long You Really Have to File Against Your Child's SchoolWhen calculating whether their child's claim against the school may be time-barred, a common refrain we hear from parents is, "But I didn't know!" Is it valid?