New York Noncompete, Trade Secret & School Negligence Blog

This blog by the six-time published author Jonathan Cooper, is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of non-compete agreements, breach of contract matters, school negligence (and/or negligent supervision), construction accidents, slip and/or trip and fall accidents, auto accidents, and, of course, defective or dangerous products.

For additional information on any of these topics, readers are encouraged to download these FREE e-books:

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3/1/2016
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How a Website Alone Can Subject You to Being Sued in NY

As we wrote nearly one year ago in "E-mail Mistakes That Can Cost Your Small Business in Court," there is no such thing as an innocuous e-mail.

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1/1/2016
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Claim for NY Attorney's Fraud Dismissed as Time Barred

Lawyer Jonathan Cooper based out of New York discusses a recent case in which two judges needed to be present.

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1/1/2016
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If You're Committing Fraud, I Won't Help You

NY Lawyer Jonathan Cooper experienced the most interesting phone call from a potential client, A lawyer can’t help with everything. This guy (we'l

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1/1/2016
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The Danger of Having a Default Judgment Against You in New York

NY non-compete lawyer Jonathan Cooper talks time Unfortunately, a lot of people - way too many - seem to be under impression that if you've been sued, and yo

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1/1/2016
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NY Court Sustains $150 Million Jury Verdict in Defamation & Tortious Interference Case

The facts of this case are rather disturbing. Worse yet, I seriously doubt the plaintiff will be able to collect on this judgment, even though he certainly deserves to recoup something.

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1/1/2016
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Why Many Implied Warranty Claims Fail Under New York Law

By way of background, implied warranties are primarily applied in two contexts in New York.

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1/1/2016
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How Much Writing is Enough to Qualify as a "Written Agreement" Under NY Law?

Not terribly much, according to a recent decision from a Queens County trial court.

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1/1/2016
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Despite Leaving Client Unnecessarily Exposed to Harm, Bad Faith Claim Against NY Insurer Is Dismissed

In a recent decision, New York's Appellate Division, Second Department showed once again just how powerful New York's insurance lobby is.

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1/1/2016
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One Way to Prove a Fraudulent Concealment Claim Under NY Law - Even in the Face of a Disclaimer

In my earlier blog post I pointed out that one of the challenges of these concealment claims is posed by contractual language that the purchaser signs stating that they didn't rely on any representations by the seller.

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1/1/2016
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How New York Courts Determine Whether an Arbitration Clause is Enforceable

When your contract has been breached, your first reaction might very well be to bring a lawsuit in State or Federal Court. But that course of action may not be available.

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1/1/2016
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How to Prove Employer Negligence for an Employee's Bad Acts Under NY Law

there is a doctrine in New York which holds that under certain circumstances, an employer can be held liable for its employees acts - even where those acts were clearly not undertaken in furtherance of the employer's interests.

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1/1/2016
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Using Its "Head," NY Court Finds that Port-A-Head is Necessary At Worksite

Sometimes you have to take a step back to appreciate the arguments that are advanced by attorneys. And sometimes those arguments just make you laugh. In <a href="http://www.nycour

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1/1/2016
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Finding Insured Lied in His Insurance Application, Brooklyn Court Dismisses Stolen Vehicle Claim

Although I'm certainly no fan of the insurance industry, I can't blame them for fighting this claim. And I don't blame the Court for siding with them either. Recently, in <em>Ramp

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1/1/2016
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Why It Is So Difficult to Invalidate a Mandatory Arbitration Clause in New York

Over the last few months, I've been asked why certain mandatory arbitration provisions in an employment agreement couldn't be invalidated on the grounds that the employees were "forced" to sign it against their will on threat of losing their job.

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1/1/2016
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Victoria's Secret(ly) (and Tortiously) Interfered With Contract, NY Business Claims

Today's New York Daily News is reporting that Victoria's Secret has been sued for inducing the Chinese supplier for a New York and New Jersey-based shoe company to break its 25 year relationship.

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1/1/2016
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In NY, How Far Can You Go to Help Your New Employer Solicit Your Old Clients?

That's exactly the question that was recently posed, or in legal terms, certified to New York State's highest court by the Federal system's Second Circuit Court of Appeals.

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1/1/2016
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WSJ Notes Trend Toward Finder's Fee Agreements - Instead of Broker's Agreements

There seems to be an increasing trend of sellers offering a finder's fee rather than the more traditional broker's fee in an effort to move their properties or businesses.

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1/1/2016
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The Difference Between Dismissal & Summary Judgment in New York

Although they sound an awful lot alike, the difference between an Order dismissing a case and an Order granting summary judgment is quite significant under New York law.

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1/1/2016
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In Failed Real Estate Deal, Brooklyn Court Holds Seller Entitled to Keep Down Payment

In Meadus v. Rosenthal, a decision surrounding a failed real estate deal that was handed down on November 5, a Brooklyn judge sitting in the Civil Court made an unusual decision, and allowed the seller to keep the buyer's escrow payment.

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1/1/2016
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When You Can Fight a Subpoena in New York

Non-party (i.e., you're not one of the parties named in the case, which means you're neither a plaintiff nor a defendant) subpoenas that are issued in the context of a business litigation or commercial litigation matter can be quite disruptive because the documents that may be sought can be quite voluminous

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1/1/2016
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3 Ways to Recoup Your Legal Fees in New York

Lawyer Jonathan Cooper talks about ways to recovery legal fees in a breach of contract case

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10/29/2015
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When a Lawyer Lied to the Court - and Got Caught

When a lawyer gets caught lying to the Court, it's not a joking matter, explains New York business litigation attorney Jonathan Cooper

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Labels: attorney lying court jonathan cooper lawyer New York sanctions

12/12/2013
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NY Appeals Court: Dog Owner Not Liable for Interference With Bicyclist

In a decision that was handed down on December 5, an upstate appeals court upheld the dismissal of a negligence action by a bicyclist against a dog owner.

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Labels: dog owner jonathan cooper liability negligence New York

10/10/2013
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How NY's High Court Expanded Animal/Pet Owner Liablity - Maybe

A recent decision by NY State's highest court has left open several questions as to whether pet owner liability has been expanded under NY law - and if so, how

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8/2/2013
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Despite Plaintiff's Loss of Evidence, NY Appeals Court Reinstates Case

Sometimes, you can lose evidence and your case will still survive, explains NY defective products lawyer Jonathan Cooper.

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Labels: jonathan cooper New York nycha sanction spoliation of evidence