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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Yes, Their Customer List Was Stolen. But It Was Clear They Had to Let it GoYesterday, I was approached about a case where the potential client's customer list had been brazenly stolen from them. Here's why they had to let it go.
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Illinois Court: Trade Secrets May Have Been Taken, But Injunction Still DeniedA recent ruling from an Illinois Court that denied an injunction despite clear evidence former employees had stolen trade secrets serves as a critical lesson
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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
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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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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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Strange But True: Partnership Agreements Need Not Be WrittenStrange as it may sound, partnerships don't inherently need to be written in order to be enforced - at least not in NY - explains Jonathan Cooper
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Westchester Case Lays Out Paradigm for Piercing Corp. VeilIn a case with salacious - and all-too-common facts - that was reported in this week's New York Law Journal, a Westchester County court declined to dismiss the plaintiff's claim.
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Why Fraudulent Concealment Claims Are So Tough to Win in New YorkUnder New York law, when a seller hides information that is critical to the buyer's decision to invest or not to invest, it's fraudulent concealment.
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Proving a Negligent Misrepresentation Claim Under New York Law - and How it Differs from FraudNegligent misrepresentation is distinct from fraud, with its own elements and required proof Unlike its cousin, theHow Not to Choose an Attorney for Your NY Breach of Fiduciary Duty CaseIf I had to summarize what I love about what I do it's that it affords me the opportunity to help people who've been legitimately wronged, and to earn a living while doing it.
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One Way You Can Become Vulnerable to Veil-Piercing ClaimsThere are some actions - more than others - that can render you vulnerable to veil-piercing claims, explains NY breach of contract lawyer Jonathan Cooper