Here at the Law Office of Vincent Miletti, Esq. and the home of the #UnusuallyMotivated movement, we take pride as a resilient and dependable legal services firm, providing such services in both a traditional and online, web-based environment. With mastered specialization in areas such as Employment and Labor Law, Intellectual Property (IP) (trademark, copyright, patent), Entertainment Law, and e-Commerce (Supply Chain, Distribution, Fulfillment, Standard Legal & Regulatory), we provide a range of legal services including, but not limited to traditional legal representation (litigation, mediation, arbitration, opinion letters, and advisory), non-litigated business legal representation and legal counsel, and unique, online legal services such as smart forms, mobile training, legal marketing, and development.

Still, here at Miletti Law®, we feel obligated to enlighten, educate, and create awareness, free of charge, about how these issues and many others affect our unusually motivated® readers and/or their businesses. Accordingly, to achieve this goal, we have committed ourselves to create authoritative, trustworthy, & distinctive content. Usually, this content is featured as videos posted on our YouTube Channel https://www.youtube.com/channel/UCtvUryqkkMAJLwrLu2BBt6w and blogs that are published on our website WWW.MILETTILAW.COM. With that, the ball is in your court and you have an effortless obligation to subscribe to the channel and sign up for the Newsletter on the website, which encompasses the best way to ensure that you stay in the loop and feel the positive impact of the knowledge bombs that we drop here!

As the authoritative force in Employment Law, it only seemed right to introduce one of the many upcoming series in which we introduce a variety of topics that looks to educate and deliver in a manner that only Miletti Law® can. In this regard, this blog is Part XXI of our ongoing series on “Trade Secret Misappropriation & Restrictive Covenant Claims.” In Part XX, we shifted gears and looked into the process of moving from a“TRO Application to a Preliminary Injunction Hearing.”Regarding this, we mentioned that sometimes, matters tend to proceed to a preliminary injunction hearing. When this happens, courts are likely to, as a way of enabling the parties involved to present their case more thoroughly, order expedited discovery even before the hearing commences. During this time, the court would be aiming to determine whether the preliminary injunction factors discussed in the past three blogs under this series have been satisfied by the movant. We also added that to do this, the presentation from either party is limited by a court since a preliminary injunction hearing is not a full-blown trial.

As a continuation of our discussion, we have shifted gears to focus on “how to deal with denial of injunctive relief” in our blog titled “How to Deal with a Denied Injunctive Relief Application” and Part XXI of the series.

Injunctive Relief Application Denied? How to Deal with it

Denial of a Temporary Restraining Order Application

On the one hand, and as you would expect, courts do not always grant injunctive reliefs, which implies the denial of temporary restraining orders. When this happens, the employer must find a way of mitigating any adverse impacts resulting from the continued contested actions of the employee. One vital strategy an employer may use entails pressing for a preliminary injunction hearing.

However, it would be critical for the employer to consider whether its chances of securing a preliminary injunction would increase following expedited prehearing discovery. This is because the departed employee may be solely possessing crucial files, documents, or communications and that at the preliminary injunction hearing, an employer may be able to bolster its case by obtaining such files, documents, or communications. It also goes without saying that to possibly increase the chances of being granted a preliminary injunction, the employer should also heed any advice, remarks, or guidance made by the court during the temporary restraining order hearing.

Denial of Preliminary Injunction Application

On the other hand, once a preliminary injunction is denied, it is advisable for an employer to weigh the risks involved and costs that would be incurred in trial against the advantages of a potential positive outcome after a trial. Essentially, with the aim of seeking to obtain the requested injunction before the passing of too much extra time, the employer should technically push for an expedited date of trial. In this manner, the employer would still have some leverage of seeking a resolution short of trial should the order of the court regarding the preliminary injunction impliedly suggests or expressly states that since the harm at issue, if proven, could be satisfied through money damages, the court would not be granting injunctive relief.

In our next blog titled “Strategies for Countering Potential Counterclaims or Defenses” and part XXII of this series, we will shift gears and provide you with a hands-on guide on how an employer may counter any potential counterclaims and defenses raised during a temporary restraining order or preliminary injunction hearing.

In the meantime, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.