Preliminary Injunctions and Business Litigation

If you have an employee who has reneged on their non-compete agreement, or if someone has infringed upon your copyright or stolen your trade secrets, you may be wondering what to do. You could be thinking about lawsuits and wondering if there’s a faster way to get results than to go through a long court battle.

Dealing with complex business litigation without experienced legal representation is likely to cause you more harm in the long term. Reach out to Mullen Holland & Cooper P.A. We can help you determine whether a preliminary injunction is the best remedy for your situation.

What Is a Preliminary Injunction?

Preliminary injunctions are court orders that direct a party not to perform a particular action. Mandatory injunctions force an individual or party to engage in a specific action. A preliminary injunction may be granted if:

• The person seeking the preliminary injunction is likely to succeed on the merits
• The person seeking the preliminary injunction will suffer irreparable harm if the preliminary injunction is not granted
• The harm to the party seeking the injunction outweighs the harm the injunction may cause the opposing party
• Granting the preliminary injunction will not harm the public interest

When an employee and employer disagree about the breach of a non-compete agreement, the typical remedy is a preliminary injunction. If a preliminary injunction will harm the public health or the safety of others, the court will not grant the preliminary injunction.

The non-compete agreement must be reasonable in geographic scope and the time limits imposed on the employee who is restricted from working with other business competitors. If you believe you have a legal issue regarding a non-compete agreement, you may need to seek a preliminary injunction to protect your business interests.

If someone who once worked for you has taken a client list away when they left your employ and are now using that to pursue your clients, the situation could also be eligible for a preliminary injunction. So might a situation where someone has produced a product that is similar to yours, but they’re undercutting your price.

Do I Need a Preliminary Injunction?

Many courts do not like enforcing non-compete agreements because they restrict an employee’s right to earn income. You will need to retain a skilled attorney to make clear arguments concerning why the preliminary injunction should be issued.

Preliminary injunctions should be specific and tailored to the harm suffered by the business partner. A preliminary injunction should not be any broader than is necessary to achieve the business owner’s desired ends.

The party who you are seeking to enjoin from acting in a particular manner will be provided with due process, which is notice and the opportunity to be heard. A hearing will be scheduled before a judge.

We Can Help

Your business is important to you, and you do not want to waste your time performing legal research and writing when you could be working on your business. A trained legal professional with experience handling matters involving preliminary injunctions can help you pursue your goals.

Contact Mullen Holland & Cooper P.A. today for help. When you schedule a consultation with us, we’ll review all the information regarding the legal matter you would like to have resolved. Our attorneys can engage in the hard work of researching your legal issues and drafting legal documents for your case.

We have years of experience filing motions, arguing them before judges during hearings, and seeking preliminary injunctions to protect businesses and their property interests. Call Mullen Holland & Cooper P.A. today at 704-864-6751 to schedule a consultation now.