New York Noncompete, Trade Secret & School Negligence Blog

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The Best Gauge for Determining Whether Lost Profits Can be Claimed as Damages
One of the most vexing challenges in breach of contract cases, especially in the employment context, is whether lost profits are recoverable as damages
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.
How Ambiguous Noncompete Agreements Can Jack Up Your Legal Bills (Among Other Things)
A May 18, 2022 decision from a PA federal court serves as a cautionary tale as to why you don't want your noncompete agreements to be ambiguous
Federal Court Awards $1.6 Million in Lost Profits Due to Breach of a Noncompete
In a March 28 ruling, a Massachusetts Federal court awarded $1.6 million in damages for lost profits flowing from the breach of a noncompete agreement
The Downside to Taking an Active Role in Contract Drafting
To be sure, there are benefits to taking an active role regarding a contact's terms. But there is a decided downside to it as well.
Trial Court Went Too Far When it Extended the Noncompete Beyond its Contractual Limit, Says Appeals Court
A Georgia appeals court recently held that the trial court, in extending the noncompete beyond its contractual term, just went too far.
Why Kevin Spacey Won't be Able to Undo the $31 Million Breach of Contract Award Against Him
In a decision that was handed down earlier this month an arbitration appellate panel upheld a $31 million breach of contract award against actor Kevin Spacey
Federal Court Dismisses Employer's Defense that Noncompete Was Violated, Holds Company Liable for $44 Million
Recently, a Kansas Federal Court dismissed claims that a former CEO had violated his noncompete, and held them liable for more than $44 million in damages
The Faithless Servant Doctrine: The Employer's Most Powerful Weapon Against Disloyal Employees
When pursuing a (purportedly) disloyal employee, there is little doubt that the faithless servant doctrine is the biggest weapon in the employer's arsenal
Where NY's Courts Draw the Line on Liability Limitation Provisions
Many are familiar with limited liability provisions in contracts; what is less known is that the courts have placed important limits on those provisions
Does Insurance Cover Business Losses Incurred Due to COVID-19?
If your business has been effectively shut down due to Coronavirus, one question you should be asking is whether your losses are covered by insurance
Court Deems an Oral Modification of Employment Contract Still Valid
A NY trial court recently held that despite a "no oral modification clause" in her contract, the parties' course of conduct effectively modified it anyway

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