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Law Offices of Jonathan M. Cooper

New York Business Litigation Blog

Our New York commercial litigation lawyers maintain a blog that focuses on business litigation and related topics. For additional information, call 888.686.7564.


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4/2/2014
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Why Outlawing Non-Competes in New York is a Bad Idea

Long Island, New York non-compete litigation attorney Jonathan Cooper weighs in on a recent proposal to inherently outlaw non-competes in New York.

Category: Non-Compete Agreements

3/31/2014
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How New York Commercial Litigators Earn Their Bad Name

A recent court conference in New York crystallized how some lawyers provide the grist for the mill, and show why lawyers have such a bad reputation.

Category: Non-Compete Agreements

3/28/2014
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Absolutely Wrong Way to Handle a Mediation in a Non-Compete Case

If you were ever looking for Exhibit A in the wrong way for a lawyer to handle a mediation in a non-compete case, this was it.

Category: Non-Compete Agreements

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3/26/2014
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Generic Marketing Methods Aren't Protected by Noncompete, Says Court

Just because a noncompete says an activity is prohibited doesn't make it so, says NY noncompete attorney Jonathan Cooper

Category: Non-Compete Agreements

3/14/2014
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Why Some Courts Won't Edit an Overbroad Non-Compete

There are some circumstances where a court will decline to re-write, or "blue-line" the overbroad provisions of a noncompete, explains Jonathan Cooper

Category: General

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3/13/2014
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How Structuring a Contract the Wrong Way in NY Can Leave You With Nil

A recent decision out of a NY appeals court serves an important reminder how wrongly structured contracts can leave you with no legal recourse

Category: Breach of Contract

3/10/2014
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Inc. Article Paints Sobering Picture on Preventing Embezzlement in NY

A recent article that appears in Inc. Magazine paints a rather sobering picture of the challenges in preventing - or recovering from - employee theft

Category: Breach of Fiduciary Duty

3/7/2014
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Why Checking the Law is Crucial When it Comes to Noncompetes

A NY County trial judge's decision serves as an important reminder why you shouldn't assume anything regarding the law on noncompetes before acting on your own.

Category: Non-Compete Agreements

3/5/2014
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NY Court Suggests Noncompete May Still Be Valid Even if You're Fired

A NY Federal Appeals court took the opportunity to weigh in on whether being fired without cause automatically invalidates a non-compete. They were wrong.

Category: Non-Compete Agreements

3/3/2014
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Coke Shows the Right Way to Enforce a Post-Employment Non-Compete

After one of its overseas executives decided to step down, Coke followed the blueprint for enforcing its non-compete, explains NY non-compete attorney Jonathan Cooper.

Category: Non-Compete Agreements

3/3/2014
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Editorial Dubs Employees Who Violate Non-Competes "Worse Than Pirates"

A recent editorial dubs employees who violate non-compete agreements as worse than pirates. Did the author go too far?

Category: Non-Compete Agreements

3/2/2014
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Breach of Promise to Extend Contract at Center of Lawsuit

A CA Lawsuit will determine whether a supposed breach of a promise to extend an agreement (and not poach) is enforceable, says Jonathan Cooper

Category: Breach of Contract

2/27/2014
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One CEO Lays Out the Best Policy Argument Against Non-Competes

In a 1997 interview, a Wisconsin-based CEO laid out the best reason not to have your employees sign a non-compete. His logic still holds true today.

Category: Non-Compete Agreements

2/26/2014
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Study Suggests Non-Competes Inhibit Employee Creativity & Performance

A recent article in the Harvard Business Review suggests, based on an informal study, that employees bound by a noncompete will underperform at work.

Category: Non-Compete Agreements

2/14/2014
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Impossibility: One Way a New York Court Will Let You Out of a Contract

Impossibility of performance is one of the rare ways that a NY court will let you out of a binding contract, explains NY breach of contract lawyer Jonathan Cooper.

Category: Breach of Contract

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2/9/2014
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Employees Beware: Courts Can - and Will - Redraft Overbroad Noncompetes

A recent decision out of Texas reminds everyone that courts will often re-draft, or blue-line overbroad Noncompetes, explains NY noncompete attorney Jonathan Cooper

Category: Non-Compete Agreements

2/2/2014
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Law Firm Can't Back Out After Receiving Benefit of Partnership Contract

NY law firm not entitled to rescind its agreement with firm's founding member, read more...

Category: Breach of Contract

1/29/2014
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Cease & Desist Letter Re Noncompete Results in Firing of New Employee

A former employee was fired from his new job after his old employer threatened suit over his noncompete. He sued for tortious interference - and lost.

Category: Non-Compete Agreements

1/29/2014
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Bieber Sues Retailer in Breach of Contract After Being Called "Idiot"

Pop icon Justin Bieber sued a start-up retailer in breach of contract after being called "an idiot," claiming that the remarks hurt sales of his merchandise

Category: Breach of Contract

1/28/2014
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Delaware Court Refuses to Imply Non-Compete Against Ex-Member of LLC

Noting there was no formal noncompete clause in their LLC agreement, a Delaware court refused to hold liable a withdrawing member of the LLC for breach.

Category: Non-Compete Agreements

1/28/2014
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Weekend at Bernie's Filmmakers Sue Fox & MGM for Breach of Contract

The filmmakers of the cult classic Weekend at Bernie's have sued, claiming they are owed a great deal if profits from the film that remain unpaid.

Category: Breach of Contract

1/22/2014
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NY Court Nails Franchisee for Brazen Breach of Non-Compete

A recent decision from a NY federal court underscores the consequences for franchisees who breach the noncompete in their franchise agreements.

Category: Non-Compete Agreements

1/21/2014
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Dr. Forfeits $25,000 Investment After Breaching Non-Compete Agreement

A recent decision by a PA appeals court upheld a finding that a doctor forfeited his investment in a medical practice after he violated his non-compete

Category: Non-Compete Agreements

1/19/2014
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Typographical Error Doesn't Invalidate Contract, Says Appeals Court

In a recent decision, an appeals court held that a typographical error didn't render a contract ambiguous, and therefore unenforceable, explains Jonathan Cooper

Category: Breach of Contract

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1/13/2014
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Why A-Rod Won't Get an Injunction of his Suspension from MLB

Although A-Rod said he'd seek an injunction of the suspension handed down by the arbitrator, it is doomed to fail, explains Jonathan Cooper

Category: Breach of Fiduciary Duty