New York Noncompete, Trade Secret & School Negligence Blog

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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.
The Cardinal Sin to Avoid When Arbitration Goes Badly
Without a doubt, there is a singular (and avoidable) cardinal sin when arbitration goes badly, explains NY trade secret and noncompete attorney Jonathan Cooper
Arbitration vs. the Courts: Which is Better for You?
When drafting agreements for small businesses, a common question arises: where should disputes be brought - arbitration or the courts?
When Arbitrators' Disregard of the Law Won't Matter in NY
There are some instances where an arbitrator can disregard New York law - and it won't matter; you'll still be stuck with his/her decision.
Why Documents Alone Rarely Get Outright Dismissal of a Case
Documentary evidence alone, even if compelling, are usually insufficient to get a case dismissed at the outset of a case, says Jonathan Cooper
Most Business Fraud Claims Fail Under NY Law. Here's Why
The reason that so many business fraud claims are dismissed: because these claims were already waived by contract.
Darn, Missed the Deadline To Sue. Or Did You?
The continuous representation doctrine offers an important way around the time limits set for bringing suit in New York, explains Jonathan Cooper.
Why Making Multiple Summary Judgment Motions in NY is a Bad Idea
Making multiple motions for summary judgment is usually a very bad idea, explains New York business litigation attorney Jonathan Cooper
Principles v. Pragmatism: How Trial Can Be Bad for You
It's scary how some people get angry, lose all focus, and refuse to settle their cases - no matter how bad an economic decision that may be for them
Why a NY Court Won't Enjoin a Defendant from Defaming You
There's a reason why it's almost impossible to get an injunction barring a defendant from defaming you in New York, explains Jonathan Cooper
When Illegal Agreements Can Still Be Enforceable in New York
This was just one of the issues that New York Federal Judge Jack Weinstein had to address in a commercial litigation case where the plaintiff sought to recover payment for goods that it shipped.
NY Appeals Court: Don't Bother Bringing Business Fraud Claims Unless You Can Back It Up
In a June 15 decision, NY’s Appellate Court upheld dismissal of claims that a Callisto Pharma employee secretly negotiated with their business partner.

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