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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