• Non-Compete Agreements
• Tortious Interference
• Breach of Fiduciary Duty
• Breach of Contract

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New York Business Litigation Attorney | New York Breach of Contract Attorney

• Plaintiff Must Show Its Hand First in Trade Secret Theft Case-NY Court
• One Sign Your Breach of Contract Claim Isn’t Being Taken Seriously
• Reebok Fights Back on Nike’s Misappropriation Claims

• Non-Compete Agreements
  • New York Non-Compete Agreements: Clarity is Key
  • Selling a Mobile App? You May Need to Sign a New York Non-Compete
  • Mobile App Developers: A New York Non-Compete May Limit Future Apps
  • Victory for Singas Pizza in Non-Compete Lawsuit
  • New York Non-Compete and Non-Solicitation Case Involving Delta Enterprise Corp.
  • Author’s Non-Compete Agreement Leads to Amazon Deal
  • What a Typical Non-Complete Agreement Looks Like in New York
  • Why One NY Court Declined to Modify an Overbroad Non-Compete
  • Finding Lack of NY Nexus, Court Dismisses Breach of Non-Compete Claim
  • Why Former Employers May Sue Over Non-Competes - Even Unenforceable Ones
  • Why a NY Unemployment Board Finding Has No Bearing on a Lawsuit
  • How Some NY Non-Solicitation Agreements Go Too Far
  • NY Trial Court Holds Non-Compete Clause Unenforceable
  • When NY Courts Will Uphold Liquidated Damages for Breach of a Non-Compete
  • Brooklyn Paper Sues Reporter to Enforce Non-Compete Agreement

• Tortious Interference
  • Nike Sues Reebok for Interference & Misappropriation of Tebow Rights
  • No Tortious Interference Without Breach of Contract, Says NY Court

• Breach of Fiduciary Duty
  • New York Breach of Fiduciary Duty Lawyer: Housing Crisis Lawsuits
  • Split NY Appeals Court Allows Retaliation Claim to Survive Dismissal
  • Possible Breach of Fiduciary Duty in Sale of Quest Software
  • METLife Sued by Investor for Breach of Fiduciary Duty
  • Hulk Hogan’s Wife Cleared of Breach of Fiduciary Duty
  • Trial Set for BYU's Breach of Fiduciary Duty Claim Against Pfizer
  • One Way a Principal Can Be Liable in NY - Without Piercing the Veil
  • NY Federal Court Highlights the Difficulty in Piercing the Corporate Veil
  • Why Some With a Breach of Fiduciary Duty by a NY Co. Can't Be Helped

• Breach of Contract
  • What to Do When a New York College or University Breaches Its Contract
  • New York Breach of Contract: Big Film Studios, Big Lawsuits
  • Violating Student Handbooks May Constitute New York Breach of Contract
  • Musicians Beware: A New York Breach of Contract May Result in Lawsuits
  • New York Breach of Contract Lawyer: Sued by Your Ex-Spouse?
  • New York Breach of Contract Lawyer Warns: Your Employer Could Sue You
  • M.I.A.’s Super Bowl Hijinks Could Mean Breach of Contract
  • Possible Breach of Contract Could Cost Ex-CEO
  • IBM and Indiana at Odds over Breach of Contract
  • Garth Brooks Wins $500,000 in Breach of Contract Lawsuit
  • Macy's Sues Martha Stewart Living in NY for Breach of Contract
  • Why a Nassau Court Forced a Seller to Return a Buyer's Downpayment
  • Why One Broker's Claim for Commissions Based on "Custom" Failed in NY
  • Why this Breach of (Unsigned) Contract Claim Would Likely Win in NY
  • One Way to Avoid a Breach of Contract Lawsuit in New York
  • Ex-Associate Waived Breach of Employment Contract Claim, Says NY Firm
  • Poetic Justice? One NY Lawyer Sues Another for Breach of Contract
  • Breach of Contract Action Between Swatch & Tiffany Looks Imminent
  • At Risk of Stating the Obvious, NY Court Gives Contract Plain Meaning
  • Avoiding the Rush to Judgment in a Breach of Contract Case
  • NY Court:Trial Not Needed to Find Employee's Contract Was Breached

• General
  • Why Defamation Lawsuits Are Often A Waste of Time and Money Under NY Law

Practice Areas

• Non-Compete Agreements
• Tortious Interference
• Breach of Fiduciary Duty
• Breach of Contract

News

• Judge Rules Goldman Sachs Must Face New York Breach of Contract Claims
• Former Miami Football Coach Sues School for Breach of Contract
• Radio Host Howard Stern Loses on New York Breach of Contract Claim
• Students File Breach of Contract Claims Against University
• Bank of New York Mellon Faces Lawsuit for Breach of Fiduciary Duty
• Country Superstar Randy Travis Sued by Ex-Wife for Breach of Contract
• Big Win for Facebook in Breach of Contract Lawsuit
• Kenneth Cole Under Investigation for Possible Breach of Fiduciary Duty
• “Jersey Shore” Resident in Hot Water for Breach of Contract
• IBM Files Breach of Contract Lawsuit Against Former Employee
• Spider-man Musical Breach of Contract Suit Settled
• Adidas Sues Publisher THQ for Breach of Contract
• Marriott International Sued for New York Breach of Contract
• Investigation of Possible Breach of Fiduciary Duty in CVR Energy
• Appeals Court Demands Sends NY Breach of Contract Case Back to Trial
• Macy’s Seeks Injunction Against JCPenney Selling Martha Stewart Living
• Investigation of Possible Breach of Fiduciary Duty by Taleo Board
• Possible Breach of Fiduciary Duty in Sale of General Bearing Corp
• Micromet Under Investigation for Possible Breach of Fiduciary Duty
• Convio, Inc. Under Fire for Possible Breach of Fiduciary Duty
• New York Court Upholds Non-Compete Agreement in Cross-Country Dispute
• New York Court Rules in Favor of Employee in Non-Agreement Case
• Sale of Gotham Bank Possibly a Breach of Fiduciary Duty
• Banker Sued Over Non-Compete Clause for Involvement in New York Bank
• Employee Fired for Abuse of Corporate Credit Card

Case Results

• Non-Compete Agreements
  • $0 Paid by Client in Settlement of Kings County Non-Compete Litigation

  Awarded: $0

• Breach of Contract
  • Defense of Over $550,000 in Breach of Contract Claims Against Mortgage Broker Settled for Under $20,000

  Awarded: $17,000

• General
  • Aiding and Abetting of Fraud Action Against Client Dismissed

  Awarded: $0 - All Claims Against Our Client Were Dismissed

  • Plaintiffs' Federal Claims for Trespass, Negligence Against Client Dismissed

  Awarded: Case Against Client Dismissed

  • Company Recovers $700,000 Due to its Attorneys' Negligence

  Awarded: $700,000

  • Aggressive Defense of Software Company Leads to Nuisance Value Settlement
  • Defense Verdict for Small Business that Was Sued by Employee

  Awarded: Defense Verdict

  • $500,000 Judgment Against Developer Reduced by Over 2/3
  • Breach of Contract, Wrongful Termination & Fraud Claims Against Developer Settled for Under $6,500

  Awarded: Nuisance Value Defense Settlement

  • $0 Paid By Our Client - A Real Estate Developer

  Awarded: Our Client Paid $0

Document Library

• Non-Compete Agreements
  • The 3 Critical Steps to Defend Against a TRO in a New York Non-Compete Case
  • Why Fighting a TRO in New York is a Good Idea - Even Before it's Signed
  • Why Restraining Orders Are So Important in a New York Non-Compete Case
  • What a Plaintiff Must Reveal When Claiming Trade Secret Theft in New York
  • How to Choose the Right Forum for Disputes Regarding Your Non-Compete
  • Sample Non-Compete Clause for New York
  • How a Non-Compete Can Remain Enforceable in New York - Even if You're Fired
  • How the Seller of "Good Will" Can Permissibly Solicit His Old Clients Under NY Law
  • When a Non-Compete Agreement is Enforceable Under New York Law

• Tortious Interference
  • Why "Interference" Alone Isn't Enough to Win a Tortious Interference Claim in NY
  • How to Prove Tortious Interference Under New York Law

• Breach of Fiduciary Duty
  • Why Proving Justifiable Reliance in a New York Fraud Claim Isn't Easy
  • When A Whistleblower Can Sue for Wrongful Termination in New York
  • One Powerful Way to Defeat a Fraudulent Inducement Claim in New York
  • How to Calculate the Statute of Limitations for a New York Breach of Fiduciary Duty Claim
  • How Non-Solicitation & Breach of Fiduciary Duty Claims Overlap Under New York Law
  • Who Is (and Isn't) a Fiduciary Under New York Law

• Breach of Contract
  • What Happens When Your Agreement is Unclear in New York
  • Why Corporate Officers Aren't Personally Liable for Guarantees Under NY Law
  • Why Whistleblower Policies May Not Be Grounds to Contest Firing in New York
  • When You're Barred From Bringing a Breach of Contract Claim in New York
  • How a New York Contract Can Be Broken Before It Even Starts
  • When a Party to a Contract Can Be Subject to NY Courts' Jurisdiction
  • How Improper Pleading Can Prove Fatal to a NY Breach of Contract Claim
  • When New York's Courts Will Look to a Contract's Plain Meaning Rather Than the Parties' Intent
  • Why Unclear Contract Provisions Go Against the Drafter Under NY Law
  • "Piercing the Corporate Veil" Under New York Law
  • How to Challenge the Validity of a Liquidated Damages Clause Under New York Law
  • How a Seller Can Retain the Downpayment as Liquidated Damages in New York
  • Anticipatory Breach of Contract Under New York Law
  • What a Property Buyer Must Prove in Order to Recover His Downpayment in New York
  • Breach of an Employment Agreement & the Duty to Mitigate Damages Under New York Law
  • Why It's So Hard to Recover Your Legal Fees in a New York Breach of Contract Case
  • Why It's Hard to Rescind a Co-Op Sales Contract in New York
  • How To Assess Whether You Have A Breach of Contract Claim Under NY Law
  • What You Must Prove to Win a Breach of Contract Case in New York

• General
  • When High-Level Corporate Officers Are Immune From Depositions in New York
  • Law Offices of Jonathan Cooper February '11 Newsletter
  • Law Offices of Jonathan Cooper December '11 Newsletter
  • October '11 Newsletter
  • September '11 Newsletter
  • How Some People Get More Than One Chance to Win Their New York Lawsuit
  • Commission Agreements, Finders Fees and New York's Statute of Frauds
  • How To Prove A Successful Business Fraud Claim Under NY Law
  • Are Bad Faith Claims Against Liability Insurers Viable in New York?
  • What Is "Conversion" Under New York Law?
  • Understanding the Limits of the Attorney-Client Privilege Under NY Law

Video Library

• General:
  • New York Business Litigation Attorney Website Welcome
  • Different Types of Breach of Contract Cases in New York

Frequently Asked Questions

• Non-Compete Agreements
  • What is the employee choice doctrine and how does it apply to my New York non-compete agreement?
  • What does it mean if my New York employment agreement contains a non-solicitation provision?
  • How concerned should I be about my New York non-compete agreement?
  • How Can a New York Non-Compete Agreement Affect Me When Im Fired?
  • Where Can I Argue My New York Non-Compete Agreement?
  • What Does a Typical New York Non-Compete Agreement Include?
  • How Do I Know if My NY Non-Compete Agreement Is Enforceable?
  • What language is commonly found in a non-compete clause in a New York employment agreement ?
  • If New York's Unemployment Board determines that I am entitled to unemployment benefits, does that mean that my employer is precluded from arguing that I am still bound by my non-compete agreement ?
  • For which type of employees is a New York court more likely to enforce a non-compete agreement?
  • Can you solicit old clients away from your former employer in New York?

• Tortious Interference
  • If someone makes it impossible for a third party to fulfill their agreement with me, do I have a viable cause of action for tortious interference with contract under New York law?

• Breach of Fiduciary Duty
  • How can I determine whether someone is a fiduciary under New York contract law?
  • How Can You Defeat a New York Fraudulent Inducement Claim?
  • What Counts as a Fiduciary Relationship Under New York Law?
  • When Can I File Breach of Fiduciary Duty Lawsuit in New York?
  • In NY, where is the line drawn between a fiduciary and non-fiduciary relationship - and why does it matter?
  • What is the statute of limitations for a breach of fiduciary duty claim in New York?

• Breach of Contract
  • What part of a New York breach of contract claim is most important to prove?
  • What should I do if my former employer is suing me for New York breach of contract?
  • Can there be a NY breach of contract without an actual contract?
  • How can I legally get out of a contract in New York?
  • What is the difference between a breach of contract and fraud?
  • How can I use prior work experience without causing a New York breach of contract with my previous employer?
  • When can my breach of contract case be heard in New York?
  • What type of lawsuit can I bring against a business partner?
  • How Do You Know if a Breach of Contract Lawsuit Is Unenforceable?
  • If I sign a release in exchange for receiving post-employment benefits, do I waive my right to sue my former employer?
  • Under NewYork law, what happens when my contract is unclear as to a particular issue?
  • What does "liquidated damages" mean in the context of a NY breach of contract ?
  • If I have reliable, objective information that the other side to my agreement is going to breach the contract , am I still obligated to perform my end of the agreement - even if it costs me money?
  • In the context of a wrongful termination claim, am I obligated to mitigate my damages for my employer's breach of my employment agreement under New York law?

• General
  • What does "piercing the corporate veil" mean insofar as NY's courts are concerned?
  • What is the difference between a claim for breach of fiduciary duty and one for breach of a non-solicitation or non-compete agreement under New York law?

Staff

• General
  • Jonathan Cooper

Book / Report

• 3 Reasons That Your Employment Agreement May Not Be Worth The Paper It's Printed On
• NY Breach of Contract Guide - When You Don't Have a Written Agreement

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