Go to navigation Go to content
Toll-Free: (888) 497-3410
Phone: 516.791.5700
Law Offices of Jonathan M. Cooper

New York Noncompete, Trade Secret & School Negligence Blog

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 accidentsslip and/or trip and fall accidentsauto 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:

 


Blog Category:
6/2/2016
Comments (0)

New Study on How Schools Fail at Fighting Bullying

A recent study out of Kentucky lays out some of the primary reasons that schools across the country have seen only limited success at stemming bullying

Category: School Negligence / Personal Injury

5/20/2016
Comments (0)

New WH Report Signals Changes to Non-Competes Are Coming

A May, 2016 report from the White House lays out in broad terms its view on how the states should impose further limits on non-competes, says Jonathan Cooper

Category: Non-Compete & Employment Agreements

4/21/2016
Comments (0)

Why "Merely Speculative" Damages Means You Lose in Court

There are certain basic things you need to prove to win a breach of contract claim, and it can't be guesswork or just wishful thinking, says Jonathan Cooper

Category: Breach of Contract

3/30/2016
Comments (0)

NY Court: Financial Advisors Aren't Professionals

While financial advisors might take offense at being told they aren't "professionals," they shouldn't. It means they face far less liability to being sued

Category: Breach of Contract

3/30/2016
Comments (0)

How One State Nails Employers Who Go Too Far on Non-Competes

One State just passed legislation that truly sticks it to employers who are overly aggressive with their non-competes, explains NY attorney Jonathan Cooper

Category: Non-Compete & Employment Agreements

3/29/2016
Comments (0)

The Single, Best Way to Protect Your Broker's Commissions

If you are an insurance broker, and were wondering how you are supposed to protect against having your commission agreement breached, here's your roadmap.

Category: Breach of Contract

3/22/2016
Comments (0)

Why Documents Alone Rarely Get Outright Dismissal of a Case

Documentary evidence alone, even if compelling, are usually insufficient to get a case dismissed at the outset of a case, says Jonathan Cooper

Category: Business Litigation

3/14/2016
Comments (0)

Two (Rare) Times Punitive Damages Claims Can Succeed in NY

Proving a punitive damages claim is far from easy, at least in New York. Jonathan Cooper explains when these claims will be allowed to proceed

Category: Tortious Interference

3/10/2016
Comments (0)

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

Category: Non-Compete & Employment Agreements

3/9/2016
Comments (0)

Bad Faith Found, Allstate Liable for Consequential Damages

I found myself cheering when the Westchester County trial court hit Allstate for its bad faith refusal to honor this signfiicant, and righteous insurance claim

Category: Breach of Contract

3/8/2016
Comments (0)

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

Category: Breach of Fiduciary Duty

3/7/2016
Comments (0)

The Best Defense to Tortious Interference Claims in New York

When it comes to tortious interference with contract claims, one of required elements makes it tough to prove your case under NY law, says Jonathan Cooper

Category: Tortious Interference

3/4/2016
Comments (0)

When Fiduciaries Conceal Evidence in Response to a Subpoena

A 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

Category: Breach of Fiduciary Duty

3/3/2016
Comments (0)

The Most Critical Factor to Establishing Waiver as a Defense

There is one clearly important factor to establish before a court will even consider waiver as a defense, says NY breach of contract attorney Jonathan Cooper

Category: Breach of Contract

3/2/2016
Comments (0)

The Different Ways an Insurance Broker Can Be Liable in NY

There are some circumstances where an insurance broker can be held on the hook when your insurer doesn't own up, explains Jonathan Cooper

Category: Breach of Contract

3/1/2016
Comments (0)

How Employee Recovered Commissions Earned Post-Termination

A poorly drafted employment agreement allowed a former employee's claim to recover commissions that were earned post-termination to survive dismissal

Category: Non-Compete & Employment Agreements

3/1/2016
Comments (0)

How a Website Alone Can Subject You to Being Sued in NY

As we wrote nearly one year ago in "E-mail Mistakes That Can Cost Your Small Business in Court," there is no such thing as an innocuous e-mail.

Category: General

Labels:
2/29/2016
Comments (0)

Why Fiduciary Duty Doctrine is So Badly Misused

In my experience, there are few legal phrases that are more misunderstood or misapplied than fiduciary duty.

Category: Breach of Fiduciary Duty

2/24/2016
Comments (0)

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

Category: Breach of Fiduciary Duty

2/22/2016
Comments (0)

When a NY Company's Ability to Fire At Will Goes Too Far

New York's Court of Appeals' dismissal of a wrongful termination/breach of contract claim by a compliance officer in Sullivan v. Harnisch is troubling.

Category: Non-Compete & Employment Agreements

2/8/2016
Comments (0)

Why Suing Teen's Cyberbullies & Their Parents Was a Bad Idea

A few years back, a 16 y.o.'s parents sued her cyberbullies - & their parents - directly. Jonathan Cooper explains why this was probably a bad idea

Category: School Negligence / Personal Injury

2/8/2016
Comments (0)

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

Category: Non-Compete & Employment Agreements

2/7/2016
Comments (0)

Most Business Fraud Claims Fail Under NY Law. Here's Why.

The reason that so many business fraud claims are dismissed: because these claims were already waived by contract.

Category: Business Litigation

2/3/2016
Comments (0)

When Other Side Signals it Will - But Hasn't Yet - Breached

You may not have to wait until the breach of your contract is final before taking steps to protect yourself, explains NY contract breach lawyer Jonathan Cooper.

Category: Breach of Contract

2/2/2016
Comments (0)

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

Category: Breach of Fiduciary Duty