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, and school negligence.
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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NY County Court Allows Party to Break its Settlement AgreementEvery once in a while, I come across a case that really burns me, particularly when it involves a party (or his attorney) not keeping his word - and getting away with it. In <a hr
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In Breach of Employment Contract Case, NY Court Holds Arbitration Clause UnenforceableArbitration clauses are standard in business contracts.
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Despite Leaving Client Unnecessarily Exposed to Harm, Bad Faith Claim Against NY Insurer Is DismissedIn a recent decision, New York's Appellate Division, Second Department showed once again just how powerful New York's insurance lobby is.
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When Negotiated Terms Don't Make It Into Your New York ContractSo you've spent weeks, maybe even months, of back and forth negotiations on this deal ... and you've finally reached an agreement.
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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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One Way to Prove a Fraudulent Concealment Claim Under NY Law - Even in the Face of a DisclaimerOvercoming disclaimer hurdles in NY fraudulent concealment claims requires strategic proof despite contractual language stating no reliance.
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At What Point Does a Contract Actually Become Enforceable Under NY Law? (It's Not What You Think)Contrary to what many people (mistakenly) think, a contract doesn't inherently become enforceable once it's signed. So, here's the rule,
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Why Breach of Contract and Unjust Enrichment Claims Are Mutually ExclusiveYou can generally pursue different legal theories - even if they are inherently at odds with each other - to try and recover your losses. Here's one exception
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How New York Courts Determine Whether an Arbitration Clause is EnforceableWhen your contract has been breached, your first reaction might very well be to bring a lawsuit in State or Federal Court. But that course of action may not be available.
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NY Appeals Court: Don't Bother Bringing Business Fraud Claims Unless You Can Back It UpFiling a business fraud claim in New York? The NY Appeals Court makes clear you need solid evidence. Learn what this means for breach of contract and commercial litigation.
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How to Prove Employer Negligence for an Employee's Bad Acts Under NY Lawthere is a doctrine in New York which holds that under certain circumstances, an employer can be held liable for its employees acts - even where those acts were clearly not undertaken in furtherance of the employer's interests.
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How to Recover Lost Profits in a Breach of Contract CaseThere are some instances where you can recover your lost profits in a breach of contract case - but it's far easier said than done, explains Jonathan Cooper