Injunctions as a Business Tool


With the advent of e-mail, Blackberries, cell phones, instant messaging and other technologies, business today moves at an incredibly fast pace. Decisions are made and strategies implemented quickly and efficiently. Unfortunately, the deliberate pace of the traditional lawsuit has not kept pace.

We are a society which seeks to resolve disputes in courtrooms, not on the street. Unfortunately for most businesses initiating litigation, however, what they hoped to be a blitzkrieg strike often bogs down into trench warfare, with attrition and endless delays seemingly the norm. By the time that the case is finally resolved, many initial participants are gone, the initial reasons for fighting largely forgotten and the costs of continuing the battle disproportionate to the likely gain. Yet, there seem to be few viable alternatives when parties are at an impasse. One approach to consider is the possibility of seeking injunctive relief from a court.

Injunctions are court orders either compelling a party to do something or prohibiting it from doing something. They can be powerful devices, up to and including shutting down a competing business (such as in the Napster case a few years ago). Common situations calling out for injunctions are those in which even a brief delay will render any litigation useless, such as when a salesman walks out the door with a customer list and new product specs, or the strikers are blocking the entrances to the plant, or a competitor is wrongfully using a trademark to compete.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McNees Wallace & Nurick LLC | Attorney Advertising

Written by:


McNees Wallace & Nurick LLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.