New York Noncompete, Trade Secret & School Negligence Blog

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Yes, There Are Times When You Can Recover More Than the Policy Limit From Your Insurer
When your insurer's refusal to pay your claim ruins your business, you may be able to recover more than the policy under New York law, explains Jonathan Cooper
This is Not What a Breach of Contract Action is For
Yesterday, I had a most disturbing conversation with a prospective client on a breach of contract matter. Our conversation ended poorly.
Can an Email Alone Be Enough To Get a Case Dismissed in NY?
Earlier this year, NY's Court of Appeals weighed in on whether an email alone can suffice as documentary evidence to warrant the early dismissal of a lawsuit
How Negligence versus Breach of Contract Can Be the Difference Between Winning and Losing Your Case
In this realm, NY's courts will usually impose either a negligence or breach of contract theory upon the parties. The distinction can mean winning or losing
When a Third Party Can Recover for Breach of Contract in NY
There are two limited instances where New York's courts have permitted a third party beneficiary (as opposed to a direct party) to recover in breach of contract
Can You Be Liable for Hurting a Seller's Amazon Ranking?
A May 18, 2018 filing in a NY Federal Court raises the question as to whether you can be liable in breach of contract for hurting a retailer's Amazon ranking
How Avenatti is Making the Wrong Argument in NDA Breach Case
Objective analysis reveals that Stormy Daniels's attorney is clearly making the wrong argument for why her NDA with Trump shouldn't be enforceable
NY Court: Suing to Rescind Contract Doesn't Equal Breach
A few months ago, NY's Court of Appeals issued an important - and correct - ruling that suing to rescind a contract doesn't constitute an anticipated breach
The Distinction Between Hold Harmless and Additional Insurance Requirements is Huge
In the construction context, parties have tried to seek "hold harmless" and/or an additional insurance requirement from contractors. The distinction is critical
Can Work Done in the Past Support a New Agreement?
A recent decision by one of New York's appellate courts highlights how a plaintiff lost what should have been a very winnable breach of contract case
How to Prove a Breach of Contract Case in New York
What are the basic elements of a contract, and what you need to prove in the event that the contract is breached in order to win your case?
When Corporate Officers Can Be Held Personally Liable in NY
A recent decision from a NY Appeals court serves as an important reminder - and warning - that corporate immunity isn't always there for the asking

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Practice Areas

Jonathan Cooper represents businesses and individuals in business and commercial litigation cases including breach of contract, breach of fiduciary duty, as well as New York child accidents, construction site accidents and personal injury cases.

Non-Compete/Trade Secret Agreements

Despite moves by various states, and now, by an Executive Order by President Biden laying out the Administration's goals of banning, or at least severely curtailing, non-compete ag...

Breach of Fiduciary Duty

Contrary to popular belief, not all relationships qualify as a "fiduciary" one. Rather, a fiduciary relationship is created when there is a justifiably heightened degree of trust betwee...

Tortious Interference

With increasing frequency, the term "Tortious Interference" has been thrown around without a sufficient appreciation of the elements required to be shown in order to prevail on the...

Breach of Contract

Generally speaking, a contract is where two sides have a "meeting of the minds," and agree to become mutually obligated to each other. Therefore, it should come as no surprise that a br...

Business Litigation

Our New York employment law website is dedicated to answering the questions you may have about issues pertaining to non-compete agreements, breach of contract in general, and when third...

School Negligence/Liability

Long Island, New York school negligence and liability attorney and published author Jonathan Cooper has written extensively on how to prove your school injury case under New Y...