Preliminary Injunctions and TROs in Commercial Disputes

Obtaining or Opposing Emergency Motions in Business Litigation

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

Conducted on Wednesday, February 8, 2012

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare counsel to file or defend against motions for preliminary injunctions and temporary restraining orders (TROs). Our panel of experienced litigators will examine the standards to obtain or defeat such motions, discuss key procedural aspects, and review appeal considerations.


Litigants seek preliminary injunctions in the full range of commercial suits to preserve business assets and prevent certain corporate conduct.

Because preliminary injunctions and TROs are extraordinary remedies, there are tough procedural hurdles and the standards to obtain relief are high. The time frame is extremely short to file for a TRO and many important decisions must be made at the outset of the filing.

The stakes for defeating motions for injunctive relief are great because defendants often risk the loss of vital business activity. Defense approaches must be measured to be effective.

Listen as our authoritative panel of practitioners discusses the standards for obtaining emergency injunctive relief in commercial disputes, including strategic and procedural considerations. The panel will also outline best practices for defeating such motions.



  1. Standards for emergency injunctive relief
    1. Overview of preliminary injunctions and temporary restraining orders
    2. Federal v. state court considerations
  2. Strategic considerations and key procedural hurdles
    1. Corporate litigation (shareholder actions, preservation of assets)
    2. IP litigation
    3. Franchise/distribution
    4. Trade secret misappropriation
    5. Noncompete litigation
  3. Defending against motions for emergency injunctive relief


The panel will review these and other key questions:

  • What cases are particularly suited for emergency orders like preliminary injunctions and temporary restraining orders?
  • What constitutes irreparable injury—and when are you entitled to a presumption of irreparable injury?
  • How does the status quo affect preliminary injunctive relief?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Robert W. Capobianco
Robert W. Capobianco

Jackson Lewis

He has represented employers in all types of employment litigation, including trade secret, restrictive covenant,...  |  Read More

Craig R. Tractenberg
Craig R. Tractenberg

Nixon Peabody

He is a member of the firm's business litigation and bankruptcy teams. His representative matters include acquisitions...  |  Read More

Rosanne Felicello
Rosanne Felicello

Felicello Law

She has a wide range of business litigation experience, including antitrust, securities (including residential...  |  Read More

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