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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PA Court: Noncompete Only Starts to Run from InjunctionIn a huge decision, a Pennsylvania appeals court ruled that the clock on a former employee's non-compete started to run from the date of the court's injunction
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No, My Firm's Fees on Noncompetes Are Not an Opening BidIn law, just as in any other business, it's important to know when to push a client away. And that's precisely what happened to me yesterday. And I was happy.
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The Distinction Between Hold Harmless and Additional Insurance Requirements is HugeIn the construction context, parties have tried to seek "hold harmless" and/or an additional insurance requirement from contractors. The distinction is critical
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Why the City is Likely Immune to Daycare Negligence ClaimsOne of the biggest hurdles to recovering damages for daycare negligence is getting past the special duty requirement, explains Jonathan Cooper
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Can Work Done in the Past Support a New Agreement?A recent decision by one of New York's appellate courts highlights how a plaintiff lost what should have been a very winnable breach of contract case
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How to Prove a Breach of Contract Case in New YorkWhat are the basic elements of a contract, and what you need to prove in the event that the contract is breached in order to win your case?
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When Employees Can (& Can't) Be Forced to Sign a Non-CompeteDifferent jurisdictions follow different competing policy arguments as to why (or why not) existing employees can be compelled to sign a non-compete
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Can a Doctor Be Held to a Non-Compete in New York?For years now, there has been great disagreement between the various states as to whether patient choice should trump a doctor's non-compete agreement
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When Corporate Officers Can Be Held Personally Liable in NYA recent decision from a NY Appeals court serves as an important reminder - and warning - that corporate immunity isn't always there for the asking
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NY Federal Judge Lays Out Blueprint for Defeating Non-CompetesIn an epic takedown of a company's claim that departing employees violated their non-competes, a NY Federal judge laid out a blueprint for how to beat them.
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8th Circuit: Noncompete for Independent Contractor Went Too FarA hot off the presses decision from a Federal appeals court in Iowa held an independent contractor's non-compete was manifestly unreasonable, dismissing the case
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How School Bullying Statistics Are Far Worse Than They LookThe numbers suggest that bullying across New York's public schools isn't all that bad. But if you scratch the surface, the numbers tell quite a different story