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 the Bar to Prove Information is a Trade Secret is Lower in Maryland Than New YorkA Maryland court's recent decision laying out the criteria for information to qualify as a trade secret shows the stark contrast with other jurisdictions
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Why Liquidated Damages Clauses Don't Limit Ex-Employer's Damages Under Maryland Trade Secret LawIn 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
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Both Competitor and Former Employees Can Be Liable for Damages for Trade Secret Misappropriation & Violation of Non-CompetesA 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
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Ga. Appellate Ruling Upholds Blue-Pencilling of NoncompeteIn 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
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Best Strategies for Dealing with TRO Applications in Trade Secret Theft CasesA few months back, I spoke as a panelist about Strategies for Success for TROs and Preliminary Injunctions, Whether You are Seeking or Defending.
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Cooper Discusses Some of the Challenges in Establishing a Trade Secret Theft ClaimAs 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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Is a Trial Court's Order Denying (or Granting) a TRO Appealable?Given what's at stake when a party seeks emergent injunctive relief, a question that should be asked is what a party can do if the trial court rules against them
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What Can Happen When a Former C-Level Exec Deletes Emails in a Misappropriation CaseIn a September 1 decision, a Delaware trial court handed down a truly stinging ruling holding accountable a former CEO for misappropriating trade secrets
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Holding Noncompete Non-Binding as to Former Execs, Court Dismisses ClaimsIn a rare decision that cited poor contract drafting as the culprit, a Delaware court dismissed claims that former execs breached their noncompete agreements
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Court of Appeals' Grady Decision Leaves Primary Assumption of Risk Intact, But Terribly UnclearThe Court of Appeals' decision in Grady left intact the primary assumption of risk doctrine, but also left unclear how and when it can be applied
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True, Lawyers Can't be Held to Noncompetes in NY; But the Rationale for that Rule is Terribly WeakThere is one case where a noncompete agreement is inherently unenforceable under New York law - when it pertains to lawyers. But the reasoning is weak.
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Relying on Circumstantial Evidence, Appeals Court Affirms $1.7MM Award for Violation of NoncompeteCircumstantial evidence, in conjunction with an adverse inference against defendants who had spoliated evidence, was enough to sustain a noncompete judgment