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Law Offices of Jonathan M. Cooper

New York Non-Compete Litigation Blog


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12/21/2020
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DC on Cusp of Enacting Broadest Noncompete Ban in the Nation

Just last week, DC's council passed the Ban on Non-Compete Agreements Act of 2020, which proposes to nullify even those agreements that disallow moonlighting

Category: Non-Compete Agreements

11/13/2020
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Non-Compete Changes to Expect Under a Biden Administration

Assuming the 2020 election results aren't overturned, and Joe Biden becomes the next POTUS, some significant changes to non-compete law may be coming

Category: Non-Compete Agreements

11/6/2020
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The Limited Case Where NY Lawyers Can Be Held to a Noncompete

Yes, the general rule in NY is that lawyers can't be held to a non-compete. But the Court of Appeals has acknowledged a rare exception to that rule.

Category: Non-Compete Agreements

9/10/2020
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The Difference Between Breach of Fiduciary Duty and Contract

An August 31 decision out of a Delaware court serves as a pointed reminder on the critical distinction between a claim for breach of fiduciary duty and contract

Category: Non-Compete Agreements

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8/25/2020
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How Forwarding Work Info to a Private Email Exposes Employee

A recent decision from a New Jersey Federal Court highlights the dangers posed by forwarding or downloading work information to a private account

Category: Non-Compete Agreements

8/13/2020
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Getting a TRO Against a Rogue Employee, Without Firing a Shot

Just yesterday, we were fortunate to secure a TRO against our client's former employee who had gone rogue - without even needing to argue it before the Court

Category: Non-Compete Agreements

6/15/2020
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How to Secure a TRO in the Age of Coronavirus

Last week, we were fortunate to secure a TRO from a NY trial judge against a former employee who was (allegedly) soliciting clients and prospects.

Category: Non-Compete Agreements

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4/29/2020
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Will NY Courts Enforce Noncompetes in the Midst of COVID-19?

In light of the rash of layoffs secondary to coronavirus, many employees and employers alike are wondering whether the noncompetes they signed are enforceable

Category: Non-Compete Agreements

1/29/2020
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When the Evidence and Witnesses Are Located Overseas

What are you supposed to do when the evidence and witnesses you need are located overseas? We recently had that very issue, and needed the Court's help.

Category: Non-Compete Agreements

1/28/2020
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What Happened When an Ex-Employee Was Caught Violating TRO

Recently, an ex-employee was caught red-handed violating a court order barring him from soliciting his former employer's clients.

Category: Non-Compete Agreements

12/12/2019
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The Best Way to Avoid Being Sued Over a Noncompete

If I had to boil it down to the single, most important way to minimize the risk of being sued over a noncompete, this would be it

Category: Non-Compete Agreements

11/18/2019
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NY Court: Fired Without Cause Doesn't Negate Noncompete

A few months ago, an upstate NY appeals court held - among other things - that a termination without cause doesn't automatically vitiate a noncompete clause

Category: Non-Compete Agreements

11/6/2019
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Rhode Island Bans Noncompetes for Low-Wage Employees

In January 2020, Rhode Island's new law banning non-competes for low-wage workers is set to go into effect. But there are some interesting carve-outs in the law

Category: Non-Compete Agreements

10/24/2019
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New Bi-Partisan Bill Urges Federal Ban on Non-Competes

The Workforce Mobility Act, which was recently introduced in the Senate, seeks to ban, or drastically curtail, non-compete agreements. But it goes way too far.

Category: Non-Compete Agreements

10/10/2019
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Former Employer's Non-Compete Case Dismissed Out of the Gate

In a rare decision, an Illinois appeals court affirmed a trial court's outright dismissal of a non-compete case - before an answer was filed

Category: Non-Compete Agreements

9/4/2019
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We Need a Real !*?/* Attorney for Our Non-Compete Case

To be clear, It's not limited to non-compete cases; clients tend to think that being a bigger jerk means better results in litigation. It's just not true.

Category: Non-Compete Agreements

8/23/2019
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Former Employer Gets TRO for Employee's Non-Solicit Breach

An 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

Category: Non-Compete Agreements

8/5/2019
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Maryland Finally Pulls Trigger on Partial Non-Compete Ban

Effective October, 2019, Maryland will join the ranks of other states that ban noncompete agreements for low-wage employees. But the ban is narrowly tailored

Category: Non-Compete Agreements

6/18/2019
Jonathan Cooper
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When NY Courts Will Uphold Liquidated Damages by a Noncompete

There 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

Category: Non-Compete Agreements

6/13/2019
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By Contract, Employer Can Recover Legal Fees - Win or Lose

A 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

Category: Non-Compete Agreements

5/22/2019
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Is 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?

Category: Non-Compete Agreements

5/14/2019
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WA State's Bill Restricting Non-Competes Becomes Law

Effective January 1, 2020, Washington State's non-compete agreements are undergoing a major overhaul. Some are outlawed, others restricted, and more.

Category: Non-Compete Agreements

4/2/2019
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Labor Advocacy Group Petitions FTC to Prohibit Non-Competes

In 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.

Category: Non-Compete Agreements

2/21/2019
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What Can Go Wrong if You Don't Fight a Non-Compete Case

A 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

Category: Non-Compete Agreements

2/18/2019
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NY Court Lays Out Blueprint for Doctors Looking to Compete

Score 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

Category: Non-Compete Agreements