What is Injunctive Relief?
In situations where an employee leaves and takes vital business information with them, there is the possibility of that ex-employee using or selling that information elsewhere. In such situations, monetary damages may not be enough to compensate the injured business for the loss they’ve just endured.
Also known as an injunction, injunctive relief is a tool used to safeguard certain business-related assets, such as personal data, closely held trade secrets, breach of non-compete agreements, training methods, and financial information. If given satisfactory cause, the courts can issue injunctions before the resolution of a case. Injunctive relief may take the form of a preliminary injunction (PI) or a temporary restraining order (TRO).
Businesses and clients looking to obtain injunctive relief can feel like their backs are up against the wall as they rush to win their case and prove that they require an injunction to protect their assets. For this reason, it’s highly advisable to work with professional legal counsel experienced in practice areas of business law and employment law. The S.T. Legal Group would proudly represent you and attempt to make the case for why injunctive relief is necessary.
When is Injunctive Relief Commonly Sought?
Injunctive relief is commonly sought in cases such as:
- Breach of employment contract.
- Intellectual property (IP) has been monetized by another party without your express written consent.
- Minority shareholders are unfairly excluded from business decisions.
- Misappropriated trade secrets.
- Misuse of company assets by a business partner.
- Theft of business secrets from a former employee.
- Violation of non-compete agreements.
What Are the Legal Requirements for Injunctive Relief?
The court will not automatically grant your request for an injunction. Certain legal requirements must be met first. Of those requirements are typically the following four key elements:
- If the injunction is not granted, will the plaintiff suffer irreparable harm? If harm befalls the plaintiff, are monetary damages inadequate to help make the plaintiff whole again?
- The courts will base at least part of their decision on whether or not they believe your lawsuit will be successful in the long run.
- The judge will want to ensure that an injunction will not have an unfavorable effect on the public. If possible, the judge would prefer that injunctive relief have a favorable effect on the public.
- The plaintiff must demonstrate that, without injunctive relief, the damages they will suffer far outweigh the hardships of placing an injunction on the defendant.
The courts will listen to arguments from both the plaintiff and their defendant before coming to a decision about whether to grant an injunction. For this step, it’s recommended that you allow your lawyer to do the talking for you. A lawyer with extensive experience in business law legal matters understands the ins and outs of the complaints you have. With a skilled attorney in your corner, you have a better chance of obtaining injunctive relief than you would on your own. At our law firm, our legal team would happily assist you and your case of defending your business interests by seeking an injunction.
What is the First Step for Acquiring Injunctive Relief?
The first step to seek injunctive relief is to file your lawsuit in the appropriate county. It must be the county in which the majority of the issues have taken place or otherwise in the county where the defendant resided or worked. Select your court with due care. You want to ensure that the judge who takes your case will favor granting injunctive relief. Depending on the circumstances of your case, you may want to seek an injunction in federal court or business court.
What Are the Differences Between TROs and PIs?
A temporary restraining order (TRO) usually lasts for only two weeks. The court’s intent is to maintain the status quo and prevent the defendant from taking further action that would damage the plaintiff’s business standing. During those two weeks, the court may hold a temporary injunction (TI) hearing to determine whether the TI is deemed necessary.
Permanent injunctions, on the other hand, are of a much more long-lasting nature. Typically, a PI is only granted at the end of the case, not at any time during the middle of court proceedings. If a temporary injunction was previously awarded, the court could simply decide to make that injunction permanent.
Can You Appeal a Preliminary Injunction’s Denial?
It is possible to appeal a preliminary injunction or its denial. The appeal will typically go to a new court where they review the trial judge’s decision under the ‘abuse of discretion’ standard.
Contact Our Law Firm to Schedule Your Initial Consultation
Employment and business law are complicated matters, and you should not feel defeated if you cannot navigate the labyrinth on your own. S.T. Legal Group is a trusted choice across Illinois for legal help in these complex situations. If you have reason to seek injunctive relief, we can help you make your case to the courts. Injunctive relief can be very helpful for those looking to defend their business interests and for whom monetary damages simply are not enough. As your legal representatives, business law attorney Diana Servos and her highly experienced legal team will handle all matters from the initial lawsuit, your request for injunctive relief, and any appeals or litigation as needed.
You can speak with a member of our legal staff today by calling our Deerfield-based law offices. Contact us today for a case evaluation. 847.984.9698.