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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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
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Federal Court Awards $1.6 Million in Lost Profits Due to Breach of a NoncompeteIn 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
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The Downside to Taking an Active Role in Contract DraftingTo 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.
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Trial Court Went Too Far When it Extended the Noncompete Beyond its Contractual Limit, Says Appeals CourtA Georgia appeals court recently held that the trial court, in extending the noncompete beyond its contractual term, just went too far.
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Why Kevin Spacey Won't be Able to Undo the $31 Million Breach of Contract Award Against HimIn 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
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Federal Court Dismisses Employer's Defense that Noncompete Was Violated, Holds Company Liable for $44 MillionRecently, 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
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The Faithless Servant Doctrine: The Employer's Most Powerful Weapon Against Disloyal EmployeesWhen pursuing a (purportedly) disloyal employee, there is little doubt that the faithless servant doctrine is the biggest weapon in the employer's arsenal
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Where NY's Courts Draw the Line on Liability Limitation ProvisionsMany are familiar with limited liability provisions in contracts; what is less known is that the courts have placed important limits on those provisions
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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
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Court Deems an Oral Modification of Employment Contract Still ValidA 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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Yes, There Are Times When You Can Recover More Than the Policy Limit From Your InsurerWhen your insurer's refusal to pay your claim ruins your business, you may be able to recover more than the policy under New York law, explains Jonathan Cooper
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This is Not What a Breach of Contract Action is ForYesterday, I had a most disturbing conversation with a prospective client on a breach of contract matter. Our conversation ended poorly.