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New York Non-Compete Litigation Blog

Browse our blog posts on New York non-compete agreement infromation.

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  • Why Proving Lost Profits is Often the Hardest Part to Winning Restrictive Covenant Cases
    Without doubt, often the most challenging part of a breach of a restrictive covenant case is the ex-employer's ability - or inability - to prove lost profits.
  • NY's Legislature Proposes 3 Separate Bills Aimed at Banning Noncompete Agreements
    Since the beginning of 2025, different branches of New York's legislature have proposed 3 new bills aimed at eliminating, or at least curtailing, noncompetes
  • Setting Aside the Noncompete Ban, Federal Judge Eviscerates FTC's Gross Overreach of its Authority
    In a widely reported August 20 decision, a Texas federal judge vacated the FTC's nationwide noncompete ban that was scheduled to become effective on September 4.
  • Texas Court in Ryan Leaves FTC's Noncompete Ban in Limbo
    In its highly anticipated July 3 ruling, the Texas federal court in Ryan v. FTC issued a partial stay on the FTC's noncompete ban, leaving most in limbo
  • Let's Get Ready to Rumble! FTC Passes Vote to Ban Noncompetes Nationwide.
    On April 23, the FTC voted to affirmatively ban noncompete agreements, with some modifications from its earlier proposal. Here's what you need to know.
  • Why Noncompetes in Commercial Contracts Are More Readily Enforceable Than in Employment Agreements
    In a March 27, 2024 decision, a NY appeals court laid out why noncompetes in commercial contracts are more readily enforceable than in the employment context
  • Why the Bar to Prove Information is a Trade Secret is Lower in Maryland Than New York
    A Maryland court's recent decision laying out the criteria for information to qualify as a trade secret shows the stark contrast with other jurisdictions
  • Why Liquidated Damages Clauses Don't Limit Ex-Employer's Damages Under Maryland Trade Secret Law
    In a recent decision, a Maryland appeals court explains how a liquidated damages clause doesn't cap a former employer's damages for trade secret theft
  • Both Competitor and Former Employees Can Be Liable for Damages for Trade Secret Misappropriation & Violation of Non-Competes
    A December 26, 2023 appellate decision confirms that both a competitor and an ex-employee can be held liable for the same misappropriation of trade secrets
  • Ga. Appellate Ruling Upholds Blue-Pencilling of Noncompete
    In response to a former employer's appeal of a trial court's whittling down of its noncompete agreement, a Georgia appeals court upheld the noncompete - in part
  • Best Strategies for Dealing with TRO Applications in Trade Secret Theft Cases
    A few months back, I spoke as a panelist about Strategies for Success for TROs and Preliminary Injunctions, Whether You are Seeking or Defending.
  • Cooper Discusses Some of the Challenges in Establishing a Trade Secret Theft Claim
    As a panelist at Practising Law Institute, Jonathan Cooper discussed some of the challenges inherent in proving trade secret theft claims under NY law
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Long Island, New York Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his Book on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

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