New York Noncompete, Trade Secret & School Negligence Blog

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NY's High Court Finds Insurer Required To Defend & Indemnify Landlord
Under what circumstances can someone be deemed an additional insured on an insurance contract?
Think Altering Your Documents is No Biggie? Think Again.
A few years back, a NY attorney learned - the hard way - some of the really bad stuff that happens when you're caught altering documents, explains Jonathan Cooper
When You Aren't Paid for the Work You've Done in New York
Sometimes, when your aren't paid for the goods provided or the services rendered, the right move is to cut your losses and move on
When Cases Degenerate to Throw at the Wall & See What'll Stick
Having just concluded a breach of contract trial on Long Island, I was struck by how my adversary reduced his argument to a shotgun approach
Constructive Fraud: How to Recover Money When They Cut & Run
A business owner's nightmare - that the other side to your agreement breaches and then tries to run away by divesting assets - may have a silver lining
How Liquidated Damages Clauses Apply in the Noncompete Realm
There is an increasing trend towards liquidated damages clauses in employment agreements. But are they enforceable in New York? Jonathan Cooper explains
Oral Contracts for Real Estate Can Be Enforceable - Sometimes
True, failing to reduce a real estate to writing is often fatal to a claim; but not always, explains NY breach of contract lawyer Jonathan Cooper
Why Playing "Gotcha" on Stupid Details is a Terrible Idea
Trying to play "gotcha" with your adversary in litigation over every small detail is an awful idea, explains NY commercial litigation lawyer Jonathan Cooper
No Closing, No Broker's Fee, Says Manhattan Court
When the buyer backed out of the purchase of a condominium unit, the broker had to refund the advance he took against his commission, said a NY trial court.
Why Real Estate Developer Can Recover Reliance Damages in NY
Where a developer of land breaches a real estate development contract and doesn't close, the seller can recover his reliance damages, explains Jonathan Cooper
How Exaggerating a Mechanic's Lien Can Come Back to Bite You
A decision from New York's Appellate Division sent a clear reminder how exaggerating a mechanic's lien can come back to bite you, explains Jonathan Cooper
Email Alone Can Qualify as a Contract, Says NY Appeals Court
Recognizing how business has changed, NY's courts have allowed, in some cases, parties to prove a breach of contract claim that was only made via email

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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 prev...

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...