- videocam Live Webinar with Live Q&A
- calendar_month April 21, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
- signal_cellular_alt Intermediate
- card_travel Class Action and Other Litigation
- schedule 90 minutes
Preliminary Injunctions and TROs
Obtaining Pretrial Relief in Federal Court and Enforcing the Order Through Contempt Remedies
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About the Course
Introduction
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.
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.
Presented By
Mr. Flesch focuses his practice on government contracts-related litigation, including contract claims and disputes, bid protests, and suspension and debarment. He is widely known as a preeminent expert in government contracts litigation. Prior to joining the firm, Mr. Flesch served as the Army Chief Trial Attorney, appointed by the Judge Advocate General of the U.S. Army. In that capacity, he served as the authorized representative of the Secretary of the Army with sole authority and responsibility for the conduct and control of litigation of contract disputes for all Department of the Army cases docketed with the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims, except for appeals originating from the U.S. Army Corps of Engineers valued under $3 million. Mr. Flesch has been an adjunct faculty member at The Catholic University of America's Columbus School of Law since 2004 and has taught government contracts for the past 11 years.
Mr. Tractenberg is a litigator who centers his practice on domestic and international disputes and corporate revitalizations. His cases have been recognized by the Turnaround Management Association, the ABA Forum Committee on Franchising, the International Franchise Association and cited by industry publications. Mr. Tractenberg is Co-Chair of the firm’s Franchise & Distribution practice group, as well as Co-Chair of the International Arbitration practice group. He is an active arbitrator, judge pro tempore and expert witness, with a long history of involvement with the International Franchise Association, the International Bar Association, various local bar associations and pro bono clients. Frequently sought as a speaker, Mr. Tractenberg has presented lectures at bar associations in the United States, Europe and Asia, and has taught law students at domestic and international universities. He has published more than 500 articles, papers, presentations, book chapters and webinars.
Ms. Weisser's practice focuses on complex commercial litigation with an emphasis on white collar criminal defense and regulatory compliance work, as well as media, defamation and privacy law. She also represents attorneys in disciplinary proceedings and hearings before the Pennsylvania Board of Law Examiners. Ms. Weisser has significant experience with pre-trial and trial proceedings in both state and federal courts, as well as alternative dispute resolution. She serves as co-chair on the Philadelphia Bar Association Professional Guidance Committee and is a member of the Pennsylvania Bar Association Legal Ethics and Professional Responsibility Committee. Ms. Weisser is also a member of the Philadelphia Bar Association’s Investigative Division of the Commission on Judicial Selection and Retention, which evaluates and makes recommendations on judicial candidates. She also writes and speaks regularly on various issues related to legal ethics and professional responsibility.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, April 21, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Standards for emergency injunctive relief
A. Overview of preliminary injunctions and TROs
B. Federal vs. state court considerations
II. Strategic prefiling considerations and key procedural hurdles
A. Forensic reviews and preservation
B. IP litigation
C. Trade secret/noncompete litigation
D. Asset preservation
III. Hearings
A. Notice
B. Evidentiary issues
C. Presumptions
IV. Drafting or reviewing the proposed order
V. Appeals
VI. Enforcement through the contempt power
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?
- What are preservation obligations, and what experts may be needed?
- How does the status quo impact preliminary injunctive relief?
- How is the order enforced?
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