Non-Compete/Trade Secret/Unfair Competition Litigation
If you are confronted with facts - or allegations - that an employee (or former employee) was (or is) being disloyal, has poached (or is attempting to divert) the employer's clients, referral sources and/or the good will of the business, and thereby unfairly competing against the company by wrongfully purloining its trade secrets and confidential information without paying for it, you've come to the right place.
Here are just some of the important questions answered at this site - the questions you should be asking:
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The Damages that an Employer Can Recover for a Disloyal Employee's Breach
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The Difference Between a Non-Solicit and a Non-Compete in NY
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A Crucial Distinction Between New York and California Noncompete Laws;
School Liablity/Negligence
If you or a loved one has been injured in an accident in New York, whether through a trip or slip and fall accident, school negligence, a car accident or a construction accident, chances are that you have some important questions, including the following:
- How do I prove that my child's school was negligent, or guilty of negligent supervision?
- What mistakes must I avoid in order to maximize the value of my accident claim?
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 agreements, many employers still require their employees to sign non-compete agreements - whether they are warranted or not.
But are those non-compete agreements enforceable under New York law?
The answer to this question often turns on several other questions, including whether it's a "true" non-compete, or can be more accurately described as a non-solicit clause, whether the (former) employer is seeking to protect information that can be legitimately described as a proprietary trade secret, or whether that information is readily discernible from publicly available sources.
One thing is fairly certain, however: these cases are almost always fact-specific, and turns on the unique facts of each case rather than a broad, bright-line test for enforceability.
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.