Emergency Business Litigation

At times, businesses are apprised of adverse circumstances on short-notice and require an immediate response.  I work fast under emergency conditions and can provide advice on how to handle them.  In some instances, an injunction may be sought to stop the harmful conduct until a case on the merits is decided.  An injunction is appropriate when money damages will not remedy a situation and, thus an order is entered by the Court to maintain the status quo while the case is pending.    For example, an officer of your business may have just handed in their resignation and notified the company that they were starting a new competitive venture. In this instance, the employment agreement may contain restrictive covenants which would entitle the company may seek a temporary restraining order or preliminary injunction barring the former officer from competing.  

In order to successfully seek an order the party must prove:  (1) it has no adequate remedy at law; (2) irreparable harm will occur in the absence of an injunction; (3) it is more likely than not that the moving party will prevail in the underlying case; and (4) the benefit to the party seeking the injunction outweighs the burden of the party opposed to the injunction.

The following are a selection of circumstances that may warrant an injunction:

  • Breaches of Non-Compete Agreements
  • Infringement of Intellectual Property Rights
  • Shareholder Disputes
  • Sale or Destruction of Property

If you would like to discuss an emergency business dispute with me, you may contact me at (312) 422-8000 or apasso@llflegal.com.