New York Noncompete, Trade Secret & School Negligence Blog

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How a NY Contractor Was Bilked Out of Its Fees for "Extra Work"
This case is an object lesson in what can happen when you fail to memorialize your change work orders in writing, explains Jonathan Cooper
Bad Law Forces Court to Deny Insured Recovery of Legal Fees in Coverage Dispute
Despite a clear finding that the insurer had wrongly disclaimed coverage, the trial court's hands were tied by a bad law that disallowed recovery of legal fees
NY Court: E-Mail Alone Constitutes Valid Written Agreement
Surprising as it may sound, there are times that an email alone can be considered enough to prove the parties had an agreement - at least under NY law
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
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
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.
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
The Most Important Factor You Need in Order to Prove 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
Different Ways an Insurance Broker Can Be Held Liable in Negligence Under NY Law
There are some circumstances where an insurance broker can be held on the hook when your insurer doesn't own up, explains Jonathan Cooper
When the Other Side Signals it Will - But Hasn't Yet - Breached Your Contract
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.
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.
How Buyer's Mistake Allowed Seller to Keep Downpayment in NY
An avoidable mistake allowed a seller to keep the buyer's downpayment as damages, explains NY breach of contract lawyer Jonathan Cooper

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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...