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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Tuesday, July 21, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will cover the strategies and best practices for obtaining or opposing accelerated pre-trial relief and how to enforce a preliminary injunction or temporary restraining order (TRO). Injunctions are powerful tools to stop wrongdoing and preserve the dissipation of assets. But even the perfect motion for relief will fail without compelling evidence that demands court action. And once obtained, injunctive relief is only as valuable as the power to enforce it.

Faculty

Craig R. Tractenberg
Partner
Fox Rothschild LLP

Mr. Tractenberg is a skilled international litigator who handles complex business disputes involving intellectual property, licenses, business torts and insolvency issues. He regularly structures new franchise programs, many of which are international. Mr. Tractenberg also defends and enforces franchise agreements. He has also served as special counsel to franchise companies.

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Forrest Tahdooahnippah
Partner
Dorsey & Whitney Llp

Mr. Tahdooahnippah has experience with patent, trade secrets, and other intellectual property litigation. His experience spans a variety of technologies, including: software, cloud computing, medical devices, mining processes, and consumer goods, among other things. His experience includes briefing and arguing motions, managing large scale documents productions, taking and defending depositions (including expert depositions). In addition to intellectual property matters, Mr. Tahdooahnippah is experienced and knowledgeable on class action disputes and Employee Retirement Income Security Act (ERISA) litigation.

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Description

Clients press for and attorneys pursue preliminary injunctions for many reasons, including to preserve assets and compel certain corporate conduct. However, seeking injunctive relief can have compounding consequences later in the case. Counsel must think ahead and carefully decide whether to seek preliminary relief and if so, at what point in the litigation.

Preliminary injunctions and TROs are extraordinary remedies. Getting a court to issue them means passing tough procedural hurdles and meeting high standards of proof. Seeking injunctive relief before a record is fully developed and without clear evidence of wrongdoing may end with a disappointing ruling that damages the party's credibility or costs it the benefit of the doubt later in the case.

For parties opposing injunctive relief, the stakes are high and could mean loss of business or loss of access to data. Strategies exist to capitalize on the lack of information held by the movant.

Once injunctive relief is obtained, it must be enforced. Courts have the inherent authority to interpret and enforce their orders through the contempt powers, as well as statutory authority to issue sanctions. Contempt may be either a civil or criminal penalty and involve monetary sanctions or even imprisonment.

Listen as our authoritative panel of practitioners discusses the standards for obtaining emergency injunctive relief, including strategic and procedural considerations, as well as how to enforce the relief obtained.

Outline

  1. Standards for emergency injunctive relief
    1. Overview of preliminary injunctions and TROs
    2. Federal vs. state court considerations
  2. Strategic prefiling considerations and key procedural hurdles
    1. IP litigation
    2. Trade secret/noncompete litigation
    3. Asset preservation
  3. Hearings
    1. Notice
    2. Evidentiary issues
    3. Presumptions
  4. Drafting or reviewing the proposed order
  5. Enforcement through the contempt power

Benefits

The panel will review these and other vital questions:

  • What cases are particularly suited for emergency orders like preliminary injunctions and TROs?
  • What constitutes irreparable injury--and when are you entitled to a presumption of irreparable harm?
  • How does the status quo impact preliminary injunctive relief?
  • How is the order enforced?