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Continuous Representation: An Important Exception to Statutes of Limitation Under New York Law

As you may be aware, different types of claims have amounts of times that they may be sued upon under New York law. This is commonly referred to as a “statute of limitations.” Some of the more common examples of this include a breach of contract claim (6 years) and negligence (3 years). (Note:  malpractice [...]

How Revealing Your Well-Prepared Hand Can Sometimes Yield The Best – And Fastest – Results In New York Business Litigation

I recently had an experience where an extremely costly commercial lawsuit about a claimed breach of contract and misappropriation of proprietary intellectual property by a fiduciary of a new york small business was avoided. Although I would like to say that the lawsuit was rendered completely moot, and averted entirely, to be completely candid, my efforts weren’t that successful; however,  they did have [...]

How Having Your Trade Secrets Stolen Can Affect Your New York Business

A trade secret theft lawsuit that was recently filed in upstate New York by the Price Chopper chain store illustrates rather vividly how having your small business’s trade secrets – in this case pricing information – can dramatically impact your bottom line.
In its initial suit papers, Price Chopper claims that competitor Giant Market would have someone consistently [...]

New York Employee Theft Insurance Policies and The Culture That Spawned Them

As I was sifting through my e-mails, I came across an article that commented in an off-the-cuff fashion how a small business can ill afford to risk being uninsured against employee theft. While many of us were and are aware that these policies are readily available as addenda to business insurance policies, I was more [...]

Posted Under: breach of fiduciary duty, employee theft
This post was written by Jonathan Cooper on May 5, 2009 Comments (0)

NY’s High Court Limits Time to Bring Breach of Fiduciary Duty Claim

In a March 26 decision regarding a commercial litigation case, New York’s Court of Appeals held that where a business sought primarily to recover monetary damages, rather than injunctive relief,  resulting from its broker’s alleged breach of fiduciary duties to the plaintiff company, the business had only 3 years within which to commence suit rather than the 6 [...]

Posted Under: Breach of contract, Trade Secrets, breach of fiduciary duty
This post was written by Jonathan Cooper on April 22, 2009 Comments (0)