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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NY Court: E-Mail Alone Constitutes Valid Written AgreementSurprising as it may sound, there are times that an email alone can be considered enough to prove the parties had an agreement - at least under NY law
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New Study on How Schools Fail at Fighting BullyingA recent study out of Kentucky lays out some of the primary reasons that schools across the country have seen only limited success at stemming bullying
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New WH Report Signals Changes to Non-Competes Are ComingA May, 2016 report from the White House lays out in broad terms its view on how the states should impose further limits on non-competes, says Jonathan Cooper
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Why "Merely Speculative" Damages Means You Lose in CourtThere are certain basic things you need to prove to win a breach of contract claim, and it can't be guesswork or just wishful thinking, says Jonathan Cooper
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NY Court: Financial Advisors Aren't ProfessionalsWhile financial advisors might take offense at being told they aren't "professionals," they shouldn't. It means they face far less liability to being sued
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How One State Nails Employers Who Go Too Far on Non-CompetesOne State just passed legislation that truly sticks it to employers who are overly aggressive with their non-competes, explains NY attorney Jonathan Cooper
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The Single, Best Way to Protect Your Broker's CommissionsIf you are an insurance broker, and were wondering how you are supposed to protect against having your commission agreement breached, here's your roadmap.
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Why Documents Alone Rarely Get Outright Dismissal of a CaseDocumentary evidence alone, even if compelling, are usually insufficient to get a case dismissed at the outset of a case, says Jonathan Cooper
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Two (Rare) Times Punitive Damages Claims Can Succeed in NYProving a punitive damages claim is far from easy, at least in New York. Jonathan Cooper explains when these claims will be allowed to proceed
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Does Bankruptcy Immunize Company From Non-Compete Claims?When OfficeMax and A & P squared off over a senior level employee's non-compete, Court was called to address whether bankruptcy rendered the case moot
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Bad Faith Found, Allstate Liable for Consequential DamagesI found myself cheering when the Westchester County trial court hit Allstate for its bad faith refusal to honor this signfiicant, and righteous insurance claim
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How NY's High Court Made It Easier to Prove/Win Fraud ClaimsA few years back, NY's Court of Appeals went out of its way to allow a fraud claim to proceed, opening the door for other, similar claims, says Jonathan Cooper