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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The Best Defense to Tortious Interference Claims in New YorkWhen it comes to tortious interference with contract claims, one of required elements makes it tough to prove your case under NY law, says Jonathan Cooper
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When Fiduciaries Conceal Evidence in Response to a SubpoenaA NY appeals court held that a fiduciary - even a non-party - can be liable for withholding or spoliating evidence in response to a subpoena, says Jonathan Cooper
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The Most Important Factor You Need in Order to Prove Waiver as a DefenseThere is one clearly important factor to establish before a court will even consider waiver as a defense, says NY breach of contract attorney Jonathan Cooper
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Different Ways an Insurance Broker Can Be Held Liable in Negligence Under NY LawThere are some circumstances where an insurance broker can be held on the hook when your insurer doesn't own up, explains Jonathan Cooper
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How Employee Recovered Commissions Earned Post-TerminationA poorly drafted employment agreement allowed a former employee's claim to recover commissions that were earned post-termination to survive dismissal
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How a Website Alone Can Subject You to Being Sued in NYAs we wrote nearly one year ago in "E-mail Mistakes That Can Cost Your Small Business in Court," there is no such thing as an innocuous e-mail.
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Why Fiduciary Duty Doctrine is So Badly MisusedIn my experience, there are few legal phrases that are more misunderstood or misapplied than fiduciary duty.
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Why Employees' Bad Acts Are (Almost) Always Imputed to Corp.Why the important exception to the rule holding defendants liable for their employees actions is so rarely invoked, explains Jonathan Cooper
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When a NY Company's Ability to Fire At Will Goes Too FarNew York's Court of Appeals' dismissal of a wrongful termination/breach of contract claim by a compliance officer in Sullivan v. Harnisch is troubling.
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Why Suing Teen's Cyberbullies & Their Parents Was a Bad IdeaA few years back, a 16 y.o.'s parents sued her cyberbullies - & their parents - directly. Jonathan Cooper explains why this was probably a bad idea
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Is My Non-Compete Agreement Enforceable Under New York law?In response to the significant number of times I've been asked this question, here's a summary of what New York's highest court has said on the subject
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Most Business Fraud Claims Fail Under NY Law. Here's WhyThe reason that so many business fraud claims are dismissed: because these claims were already waived by contract.