Emergency Business Litigation

Emergency Business Litigation

We prepare and try business lawsuits and arbitrations. Additionally, we also counsel professionals and lawyers on how to avoid lawsuits. In most cases, the parties in a business lawsuit are fighting about money. One of the parties is going to ask for money from the other to compensate for claimed wrongdoings.

We work fast under emergency conditions. We also consult on an emergency basis. For example, a construction company might need advice regarding a payment delay. Also, they may want to know how to respond to a request for extra work without documentation. Contracting parties might want to know whether it is necessary to mitigate damages after a breach has occurred and, if so, how this should be done.

Money is not always enough. We seek (or defend against requests for) temporary restraining orders, preliminary injunctions, and declaratory judgments. A preliminary injunction may be the answer to these dilemmas. It is a court order requiring someone to do something or refrain from doing something. It can be obtained relatively quickly. Its cousin, the temporary restraining order, can be obtained immediately without formal notice to your opponent, but it lasts for only ten days. That is enough time to hold a hearing to decide whether you are entitled to a preliminary injunction.

Injunctions are commonly requested in business litigation. For example, when partners want to prevent the sale of a partnership asset, an injunction can be very valuable.

We wrote the book on this subject: TROs and Preliminary Injunctions: Handling the Business Emergency, Second Edition, published by the American Bar Association.


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