New York Noncompete, Trade Secret & School Negligence Blog

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What Can Happen When a Former C-Level Exec Deletes Emails in a Misappropriation Case
In a September 1 decision, a Delaware trial court handed down a truly stinging ruling holding accountable a former CEO for misappropriating trade secrets
Relying on Circumstantial Evidence, Appeals Court Affirms $1.7MM Award for Violation of Noncompete
Circumstantial evidence, in conjunction with an adverse inference against defendants who had spoliated evidence, was enough to sustain a noncompete judgment
Ex-Employees Who Diverted Patients to a Competing Entity Hit with $5.2 Million Compensatory & Punitive Damages Award
In an August 7 decision, a Florida trial court awarded $5.2MM in compensatory and punitive damages against 2 former employees who unlawfully diverted patients
How Filing a DTSA Lawsuit Without Proper Proof Can Come Back to Bite You
A crucial weapon in pursuing trade secret theft claims is the Defend Trade Secrets Act. But it's a double-edged sword.
In Stunning Reversal of Trial Court, Appellate Division Issues TRO and Enforces Noncompete
In a stunning reversal of a trial court, on May 26, 2022, NY's Appellate Division, First Department issued a TRO, enforcing a noncompete on a former executive
Ex-Exec Sues for Legal Fees to Defend the Very Lawsuit Old Employer Brought Against Him
In an unusual case, a former executive sued his old employer to recover the legal fees he incurred in defending the lawsuit the company brought against him
Federal Court Awards $1.6 Million in Lost Profits Due to Breach of a Noncompete
In a March 28 ruling, a Massachusetts Federal court awarded $1.6 million in damages for lost profits flowing from the breach of a noncompete agreement
Claiming Former Employees Breached Fiduciary Duty and Stole IP, Pfizer Sues
In February 2022, Pfizer sued two former employees in Federal court, claiming they stole confidential IP, and used it to file their own patent application.
Illinois' Freedom to Work Act Alters the State's Noncompete Laws in Some Significant Ways
As of January 1, 2022 Illinois' Freedom to Work Act makes some significant changes in the state's noncompete laws.
Trial Court Went Too Far When it Extended the Noncompete Beyond its Contractual Limit, Says Appeals Court
A Georgia appeals court recently held that the trial court, in extending the noncompete beyond its contractual term, just went too far.
Why Kevin Spacey Won't be Able to Undo the $31 Million Breach of Contract Award Against Him
In a decision that was handed down earlier this month an arbitration appellate panel upheld a $31 million breach of contract award against actor Kevin Spacey
Why the Level of Intent Matters by Trade Secret Theft
When it comes to misappropriation of trade secrets, the level of the defendant's intent is crucial, as a recent Delaware case held.

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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...