New York Noncompete, Trade Secret & School Negligence Blog

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Why Lacking a Valid Contract Doesn't Have to Mean You Lose
Just because a court finds that you didn't have a valid, enforceable agreement doesn't inherently mean you're completely out of luck, says Jonathan Cooper
NY Court Denies Commission Salesman Statutory Damages, Fees
A NY trial court's decision serves as an important reminder about paying attention to the fundamentals in breach of contract actions in New York.
Disclaimer Rejected, Insurer Liable for Insured's Legal Fees
A NY trial court decision from a few years back serves as an important reminder why it pays - sometimes - to fight an insurer's disclaimer of coverage
When Third Parties (aka Non-Parties) Can Enforce a Contract Under NY Law
Strange as it may sound, there are times that non-signatories to an agreement can still enforce the contract against the parties, explains Jonathan Cooper
Wrong View of Law Gets Client Hit With Other Side's Legal Fees
In a David v Goliath case I recently tried to verdict, the defendant was forced to pay my client's legal fees - because their lawyer was dead wrong on the law
Unpaid Commissions Claim Survives, Despite Lack of Writing
A New York Appellate Court refused to dismiss the unpaid commissions claim of an at-will employee, even though the agreement wasn't reduced to writing
No Written Agreement? No Problem, Says NY Court
Just because your agreement wasn't reduced to writing doesn't necessarily mean that you don't have to pay for services received, says Jonathan Cooper
No, You Can't Avoid Judgment by Just Transferring Assets
A recent verdict by a federal jury against a successor corp. serves as a cautionary tale against transferring assets to avoid a judgment, says Jonathan Cooper
Not All Illegal Contracts Are Created Equal - At Least in NY
Just because a contract is illegal doesn't automatically mean it's unenforceable under New York law, explains Jonathan Cooper
Here Are Some Lesser-Known Ways to Recover for Breach of Contract
There are several lesser-known kinds of breach of contract. Before just taking your lumps, it may behoove consumers to make sure that they have no legal recourse
When a New York Court Rejects Your Liquidated Damages Clause
Just because a New York court invalidated your liquidated damages clause doesn't mean you are without recourse, says NY breach of contract lawyer Jonathan Cooper
IBM and Indiana at Odds over Breach of Contract
New York business attorney Jonathan M. Cooper discusses the breach of contract lawsuits between IBM and the state of Indiana. Read here to learn more.

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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...