A preliminary injunction can protect your trade secrets and enforce your non-compete agreements, even as you pursue the lawsuit. However, to get this immediate relief, you must meet strict rules that judges review carefully. Here is what you need to know.
What does the law say?
New York law generally allows you to request a preliminary injunction during an active lawsuit. A court may grant this provisional remedy if the opposing party threatens to violate your rights. To qualify, you generally need to show that the other party’s actions could render a final judgment ineffectual. Additionally, in some cases, a court may issue a temporary restraining order to maintain the status quo while the judge considers your preliminary injunction motion.
What evidence do you need to present?
You must gather clear facts and evidence before asking the court for immediate help. During business litigation, judges look for three specific details in your request:
- You must show a clear likelihood that you will win your lawsuit.
- You must prove that your business will suffer harm that money cannot fix without fast intervention.
- You must show that fairness favors your side more than the opposing side.
You are required to post a financial bond to cover the other party’s losses if the court later decides the order was unnecessary.
Protecting your business during a legal crisis
An attorney experienced in business litigation can guide you through the strict rules of New York state courts. They can also help you gather solid proof, draft clear witness statements and present a strong argument to the judge.