New York Noncompete, Trade Secret & School Negligence Blog

New Damages Rule for Trade Secret, Unjust Enrichment Claims

In May, 2018, NY's Court of Appeals altered the rules on how a plaintiff can prove damages in a trade secret theft or unjust enrichment claim. It's a big deal.

With Non-Competes, Choose to Win the War, Not the Battle

Following a two-day hearing in a bet-the-business case, we successfully resolved a non-compete case for our clients by focusing on their long-term plans

Does Bankruptcy Immunize Company From Non-Compete Claims?

When OfficeMax and A & P squared off over a senior level employee's non-compete, Court was called to address whether bankruptcy rendered the case moot

How NY's High Court Made It Easier to Prove/Win Fraud Claims

A 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

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

Strange But True: Partnership Agreements Need Not Be Written

Strange 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

Co. Lies About Discovery, Gets Caught; and Gets Hit for $2MM

Let there be no mistake: if you're lying in order to stonewall your adversary, and it's obvious to a Federal Judge, you do so at your own peril.

Why a NY Court Won't Enjoin a Defendant from Defaming You

There's a reason why it's almost impossible to get an injunction barring a defendant from defaming you in New York, explains Jonathan Cooper

Principles v. Pragmatism: How Trial Can Be Bad for You

It's scary how some people get angry, lose all focus, and refuse to settle their cases - no matter how bad an economic decision that may be for them

Why Fraudulent Concealment Claims Are So Tough to Win in NY

Under 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.

How Bad Behavior in Fiduciary Breach Case Ended in Disaster

This is Exhibit A in how a client's truly awful behavior in a breach fiduciary duty and fraud case can lead to disaster, explains Jonathan Cooper.

One Sign Your Breach of Contract Claim Isn't Taken Seriously

There are those rare occasions where it's obvious that your lawsuit isn't being taken seriously, explains Jonathan Cooper

When New York Lawyers Try To Defend The Indefensible

In a scathing decision, a federal judge recently sanctioned attorneys who effectively fostered over one year of needless litigation because they refused to disclose that the subject of the litigation had already been rendered moot. For more articles and information pertaining to commercial litigation, accident and defective product claims in New York, please visit www.JonathanCooperLaw.com.

Study Claims That Employee Theft Rises as Economy Worsens

Jonathan Cooper talks about the economy currently