Provided by
In a significant decision that was handed down on April 20 in MSCI Inc., Financial Engineering Associates, Inc., et al. v. Jacob, Axioma, Inc., et al., New York County trial justice Shirley Kornreich held that a software company claiming that one of its competitors had wrongly misappropriated their trade secret software that is sold [...]
I have to admit it. I’ve never seen anything like this before. Apparently, after being served with the breach of contract lawsuit papers on his way in to the American Idol studio, the lead singer for pop group, LMFAO, Redfoo, was sufficiently amused by the whole process that he posed for pictures with the man [...]
I have often been asked the following question in one form or another: “This claim is ridiculous. Why doesn’t the Court just throw it out, and dismiss the Complaint?” The short answer is, that so long as from the face of the Complaint, there may be a valid, cognizable claim, New York courts are [...]
Last week, I received a fax from one of my adversaries that admittedly caught me by surprise: His clients apparently decided to discontinue their breach of professional services contract action against my client. In truth, I’m not sure what prompted this action on their part; and I may never know the answer. When my client [...]
Sometimes, even seasoned companies ignore the fundamentals, and learn a lesson the hard way. In this case, the lesson was rather straightforward – if you don’t fulfill the explicit requirements for before undertaking additional work under a contract (a condition precedent), you may not get paid. In an opinion that was handed down on December [...]
A little over one year ago, I wrote about a fascinating case where a defendant sought to avoid its obligation to pay for goods that it received – and profited from – on the grounds that the underlying agreement it had with the plaintiff was based upon an illegal scheme designed to avoid customs duties [...]
Although I’ve been asked this question most frequently in the breach of contract context, the same principle holds true for lawsuits in general: It’s a really, really bad idea to ignore a lawsuit – or even a threatened one. Although there are several reasons for this, in my view, here is the most important one: [...]
It is terribly unfortunate and disturbing that some lawyers seem to believe that civility and politeness are inherently at odds with good, aggressive advocacy. Let me be perfectly clear: I have no problem with an attorney aggressively protecting and pursuing his client’s interests. Everyone’s got a job to do. And there are certainly times when [...]
In an opinion that was handed down yesterday in the defamation case of Tener v. Cremer, New York’s Appellate Division, First Department held that the trial court erred by denying outright – without a hearing – a plaintiff’s motion seeking to hold NYU in contempt for failing to protect or produce electronically stored information (ESI) [...]
International Shoppes, Inc., et al. v. Spencer is a case from a trial court in Nassau County, NY that is scheduled to appear in tomorrow’s edition of The New York Law Journal that is the poster child – at least in my view – for litigation run amok. And, lest you think that I meant [...]
3 Reasons Why
Your Employment Agreement
May be Worthless
NY Breach of Contract Guide:
When You Don't Have a
Written Agreement
Let our legal experts review your case, and we'll help you obtain the compensation you deserve. Begin your case review by filling out the form below:
Law Offices of
Jonathan M. Cooper
483 Chestnut St.
Cedarhurst, NY 11516
Phone: 516.791.5700
New York City:
135 West 29th Street
