Preliminary Injunction Litigation: Winning or Defeating Emergency Motions

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.