We prepare and try business lawsuits and arbitrations, counsel professionals and lawyers on how to avoid lawsuits and facilitate corporate transactions. In most cases, the parties in a business lawsuit are fighting about money: one party or the other is going to pay money to the other to compensate for claimed wrongdoings. Business disputes are commonplace, and we have the experience and know how to help you resolve these issues.
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 or how to respond to a request to perform 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 mitigation might be accomplished.
In some cases, money is not enough. Then 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 and 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 – enough time to hold a hearing to decide whether you are entitled to a preliminary injunction.
Other cases in which injunctions are commonly requested in business litigation include partners who want to prevent the sale of a partnership asset; a medical residency program or hospital or school that wants to prevent its loss of accreditation; shareholders who want to prevent waste of corporate assets; businesses that want to prevent the loss of trade secrets or stop a raid on its key employees by a person or business not privileged to do so; and many others.
We wrote the book on this subject: Handling the Business Emergency: Temporary Restraining Orders and Preliminary Injunctions, published by the American Bar Association.