New York Noncompete, Trade Secret & School Negligence Blog

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Yes, Their Customer List Was Stolen. But It Was Clear They Had to Let it Go
Yesterday, I was approached about a case where the potential client's customer list had been brazenly stolen from them. Here's why they had to let it go.
Illinois Court: Trade Secrets May Have Been Taken, But Injunction Still Denied
A recent ruling from an Illinois Court that denied an injunction despite clear evidence former employees had stolen trade secrets serves as a critical lesson
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
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
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.
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
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
Westchester Case Lays Out Paradigm for Piercing Corp. Veil
In a case with salacious - and all-too-common facts - that was reported in this week's New York Law Journal, a Westchester County court declined to dismiss the plaintiff's claim.
Why Fraudulent Concealment Claims Are So Tough to Win in New York
Under New York law, when a seller hides information that is critical to the buyer's decision to invest or not to invest, it's fraudulent concealment.
Proving a Negligent Misrepresentation Claim Under New York Law - and How it Differs from Fraud
Negligent misrepresentation is distinct from fraud, with its own elements and required proof Unlike its cousin, the

How Not to Choose an Attorney for Your NY Breach of Fiduciary Duty Case
If I had to summarize what I love about what I do it's that it affords me the opportunity to help people who've been legitimately wronged, and to earn a living while doing it.
One Way You Can Become Vulnerable to Veil-Piercing Claims
There are some actions - more than others - that can render you vulnerable to veil-piercing claims, 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...