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Preliminary Injunction Litigation: Winning or Defeating Emergency Motions

Obtaining Pretrial Relief in Federal Court and Enforcing the Order Through Contempt Remedies

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, July 21, 2020

Recorded event now available

or call 1-800-926-7926

This CLE course will cover the strategies and best practices for obtaining or opposing accelerated pre-trial relief and how to enforce a preliminary injunction or temporary restraining order (TRO). Injunctions are powerful tools to stop wrongdoing and preserve the dissipation of assets. But even the perfect motion for relief will fail without compelling evidence that demands court action. And once obtained, injunctive relief is only as valuable as the power to enforce it.

Description

Clients press for and attorneys pursue preliminary injunctions for many reasons, including to preserve assets and compel certain corporate conduct. However, seeking injunctive relief can have compounding consequences later in the case. Counsel must think ahead and carefully decide whether to seek preliminary relief and if so, at what point in the litigation.

Preliminary injunctions and TROs are extraordinary remedies. Getting a court to issue them means passing tough procedural hurdles and meeting high standards of proof. Seeking injunctive relief before a record is fully developed and without clear evidence of wrongdoing may end with a disappointing ruling that damages the party's credibility or costs it the benefit of the doubt later in the case.

For parties opposing injunctive relief, the stakes are high and could mean loss of business or loss of access to data. Strategies exist to capitalize on the lack of information held by the movant.

Once injunctive relief is obtained, it must be enforced. Courts have the inherent authority to interpret and enforce their orders through the contempt powers, as well as statutory authority to issue sanctions. Contempt may be either a civil or criminal penalty and involve monetary sanctions or even imprisonment.

Listen as our authoritative panel of practitioners discusses the standards for obtaining emergency injunctive relief, including strategic and procedural considerations, as well as how to enforce the relief obtained.

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Outline

  1. Standards for emergency injunctive relief
    1. Overview of preliminary injunctions and TROs
    2. Federal vs. state court considerations
  2. Strategic prefiling considerations and key procedural hurdles
    1. IP litigation
    2. Trade secret/noncompete litigation
    3. Asset preservation
  3. Hearings
    1. Notice
    2. Evidentiary issues
    3. Presumptions
  4. Drafting or reviewing the proposed order
  5. Enforcement through the contempt power

Benefits

The panel will review these and other vital questions:

  • What cases are particularly suited for emergency orders like preliminary injunctions and TROs?
  • What constitutes irreparable injury--and when are you entitled to a presumption of irreparable harm?
  • How does the status quo impact preliminary injunctive relief?
  • How is the order enforced?

Faculty

Tahdooahnippah, Forrest
Forrest Tahdooahnippah
Partner
Dorsey & Whitney

Mr. Tahdooahnippah has experience with patent, trade secrets, and other intellectual property litigation. His...  |  Read More

Tractenberg, Craig
Craig R. Tractenberg
Partner
Fox Rothschild

Mr. Tractenberg is a skilled international litigator who handles complex business disputes involving intellectual...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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