Injunctions: Speed Counts

There are times when the wheels of justice move too slowly to do you or your business any good. When you have an employee, partner, or competitor who is illegally doing damage to your business, you may not be able to wait for a lawsuit to work its way through the Texas civil courts.

For instance, if a company hires an engineer to develop a product for it, the corporate lawyers will make the engineer sign non-disclosure agreements and non-compete clauses as a condition of employment. The engineer can leave the company, but he is contractually bound to refrain from working in the same industry, or taking a job with a competitor in the field. However, not everyone honors his or her contractual obligations. And while a Texas civil court will almost certainly side with the plaintiff in such a case, the engineer can destroy his previous employer’s business over the months, or even years, that it could take to bring a suit to trial.

In cases like these, immediate action is vital. Mahendru, PC, Texas business and commercial litigation attorneys, will seek an emergency injunction against the parties who are engaged in stealing your corporate secrets and sensitive company information. The company will seeking an injunction demonstrates the following elements to the Texas courts:

  • A claim against the defendant, and
  • A probable right to recover on that claim, and
  • There will be an imminent and irreparable injury in the interim if the court does not act.

Temporary injunctions, restraining orders, and cease and desist orders can be double-edged swords. Just as a restraining order can save the your business, they can also ruin a new or struggling enterprise if they are enforced erroneously. Consequently, Texas judges are reluctant to grant an injunction when the cause of action is unclear, or when the plaintiff’s lawyers does a poor job of demonstrating the injury to their clients. This can be problematic as the urgent nature of injunctions often doesn’t allow for extensive preparation, and if the attorney representing you gets it wrong on the front end, you can lose the massive advantage of securing the injunction or defending against the injunction.

A petition for a temporary injunction should precisly include language of what actions are to be prohibited by the stay, why you or your company is entitled to the stay, and how you or your business will experience injury if the defendant is allowed to continue its activity. The first step is usually the issuance of a temporary restraining order, with a hearing for a temporary injunction set within fourteen days.

The future of a business can be altered in days or even hours. If a competitor or associate is damaging your business by revealing trade secrets, violating non-compete clauses, engaging in illegal anti-competitive practices, you should contact a Texas corporate law attorney immediately about seeking a temporary injunction.

Mahendru, PC is nimble in its approach to seeking and defending injunctions. Contact or call the firm toll free at 866-558-8149 or 713-391-8247 to discuss the need for a temporary injunction or restraining order. Acting quickly can mean the difference between survival and destruction of your hard work in provide your company the edge.

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