New York Noncompete, Trade Secret & School Negligence Blog

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How to Recover Lost Profits in a Breach of Contract Case
There 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
How to Win the Breach of a Severance Agreement Case in New York
It seems to me that many people are under the impression that your hands are completely tied, and you have no immediate recourse to the New York State courts if your former employer breaches your severance agreement.
How Disclaimers in a Contract Can Defeat a Breach of Implied Warranty Claim Under NY Law
Learn how disclaimers in NY contracts can block breach of warranty lawsuits. Key rules and legal strategy.
Why It's So Hard to Prove the Breach of an ERISA Severance Plan In NY
although an employee may, as a general rule, bring a common law (i.e., non-statutory) breach of contract claim based upon the failure of an employer to live up to their end of the deal of a severance agreement.
How Some Important Exceptions to NY's Statute of Frauds Can Sustain a Breach of Contract Action
NY court rules in HP Hood v Diamond D Realty, impacting $1.5M dairy product payment dispute
Finding Proof Insufficient to Pierce the Corporate Veil, Suffolk Court Dismisses Breach of Contract Claim
A Suffolk County court dismisses a breach of contract claim due to insufficient evidence to pierce the corporate veil. See what businesses must prove to hold owners personally liable.
How You Can Recover Your Legal Fees in the Employment Context Under NY Law
There are some limited instances where you can recover your legal fees for a breach of contract under New York law, explains Jonathan Cooper.
How to Prove the Breach of a Broker's Commission Agreement Under NY Law
It should come as no surprise that as the economy continues to sputter, falter, or whatever your term of choice may be, that many real estate brokers have taken an increasingly aggressive stance in protecting their commissions.
When An Unwritten Agreement Is Valid and Enforceable Under New York Law
One of the most common - and potent - defenses to a breach of contract case is that the agreement was never reduced to writing; but there are exceptions
Why Officer Liability for Breach of Contract & Fraud Is So Rare In New York
The question arises as to what New York's courts will do when a claimant tries to hold a corporate officer personally liable in either breach of contract or fraud.
The Fun Part of Being a NY Business Litigation Attorney
A good day for NY business litigation lawyer Jonathan Cooper today as he gave his client more then just good news.
NY's High Court Slams State Farm in Breach of Insurance Contract Case
In a big victory for a property owner who brought a breach of insurance contract lawsuit against their insurance company, New York's highest court held a invalid State Farm's disclaimer of coverage.

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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...