Few areas of New York law are as fact-driven—or as widely misunderstood—as restrictive covenants. Whether you are an employee weighing a new opportunity or a business watching a trusted employee leave with your clients, the same truth applies: a signed non-compete is not the last word, because New York courts disfavor these agreements and enforce them only to the extent they are reasonable.
For nearly three decades, attorney Jonathan Cooper has guided individuals and businesses through these disputes before New York's trial and appellate courts—including arguing before the New York Court of Appeals—with straightforward, honest counsel that puts your interest ahead of billable hours. Wherever you stand, the place to start is the same: a clear-eyed look at your agreement and your facts.
Non-Compete/Trade Secret Agreements
Thinking about leaving your job but staring at a non-compete you signed years ago? Worried a former employee just walked out the door with your clients—or your confidential files? Attorney Jonathan Cooper cuts through the confusion around New York non-compete agreements, explaining in plain terms when courts will actually enforce a restrictive covenant, when they'll throw it out (being fired without cause is often your strongest card), and how the critical differences between a non-compete, a non-solicitation clause, and a trade secret claim can quietly decide your entire case.
Leaving a Job With a Non-Compete
You found a better opportunity—but there is a non-compete sitting in a drawer with your signature on it, and now you are afraid one wrong move could blow up the whole thing. The smartest time to deal with a non-compete is before you give notice, not after the lawsuit arrives. New York courts disfavor these agreements, but how you leave can decide whether your former employer has anything real to sue over at all.
Non-Compete Defense
Getting served with a lawsuit—or even a threatening letter—over a non-compete you signed years ago is frightening. Your job, your paycheck, and your reputation can all feel like they are suddenly on the line. Here is the part most people are never told: New York courts disfavor non-compete agreements, and a former employer who sues to enforce one carries a heavy burden.
Enforcing a Non-Compete
A trusted employee just left for a competitor—and your clients, your confidential information, or your other employees may be walking out the door with them. You signed that non-compete for exactly this moment, but New York courts disfavor these agreements and will not enforce one automatically. Whether you can stop the harm often comes down to two things: how strong your protectable interest is, and how fast you move.
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 between two parties - and certainly more than two companies doing business that previously had no connection. Additional information on this most important topic can be found at the NY Breach of Contract Guide: When You Don't Have a Written Agreement, or contact the Law Offices of Jonathan M. Cooper at 516.791.5700 to schedule a free, no-obligation consultation. Long Island, New York business litigation attorney Jonathan Cooper has published several articles aimed at educating New Yorkers about the ins and outs of breach of fiduciary duty claims under New York law.
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 these legal claims. To be clear, not every contract that is broken is the result of tortious interference, and these claims are notoriously difficult to prove under New York law.
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 breach of contract occurs when one side - or both sides - to the agreement doesn't hold up its end of the bargain. And depending on the terms set forth in the contract (and in some cases, the law itself), the recoverable damages for a breach of the agreement can vary rather widely under New York law. To learn more, request a free copy of NY Breach of Contract Guide: When You Don't Have a Written Agreement, or contact the Law Offices of Jonathan M. Cooper at 516.791.5700 to schedule a free, no-obligation consultation. Author of numerous articles on the issue of breach of contract under New York law, business litigation attorney Jonathan Cooper has also published the Free consumer guide to breach of contract cases in New York, When You Don't Have a Written Agreement.
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 parties try to interfere with your existing contracts (which, in legalese, is called "tortious interference.") Here is a small sampling of the free information that is provided at our website:
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 York law. You can order a FREE copy of his Book on the subject entitled "When Schools Fail to Protect Our Kids - a Parent's Guide to School and Daycare Negligence Cases in New York," or "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" by filling out the contact form at his website, www.JonathanCooperLaw.com, or by calling his Cedarhurst, Long Island office at 516.791.5700.