Business Litigation Blog Articles

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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
Filing a business fraud claim in New York? The NY Appeals Court makes clear you need solid evidence. Learn what this means for breach of contract and commercial litigation.

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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...