New York Noncompete, Trade Secret & School Negligence Blog

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Both Competitor and Former Employees Can Be Liable for Damages for Trade Secret Misappropriation & Violation of Non-Competes
A December 26, 2023 appellate decision confirms that both a competitor and an ex-employee can be held liable for the same misappropriation of trade secrets
Belk Sues Former CEO and Competitor Gamestop for Trade Secret Theft, Poaching Employees
Suing its ex-CEO in North Carolina federal court, Belk accused him of using its confidential salary information to entice a slew of employees to join Gamestop
New York's Child Victims Act Opens Door to Some, But Not All, Claims
While the passage of New York's Child Victims Act was undoubtedly significant, many claims still fall outside its purview, explains Jonathan Cooper
Appeals Court: Bankruptcy Doesn't Preempt Tortious Interference Claim Under NY Law
A surprising decision from NY's Court of Appeals recently held that state law based tortious interference claims aren't necessarily preempted by bankruptcy
NY Court Dismisses Tortious Interference Claim From the Get-Go
In a rare move, a NY federal court dismissed a plaintiff's tortious interference claim at the pleadings stage - even before any discovery was had
You Can't Win an Unfair Competition Claim Without This
Without a doubt, the most challenging prong to establishing an unfair competition claim is the "bad faith" element. Here's how you prove it.
Two (Rare) Times Punitive Damages Claims Can Succeed in NY
Proving a punitive damages claim is far from easy, at least in New York. Jonathan Cooper explains when these claims will be allowed to proceed
The Best Defense to Tortious Interference Claims in New York
When it comes to tortious interference with contract claims, one of required elements makes it tough to prove your case under NY law, says Jonathan Cooper
One Sign Your Breach of Contract Claim Isn't Taken Seriously
There are those rare occasions where it's obvious that your lawsuit isn't being taken seriously, explains Jonathan Cooper

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...