Restraining Orders

News & Analysis as of

Ten Questions To Ask Your Client When Defending Against Efforts To Enforce A Restrictive Covenant Or Confidentiality Agreement

There are few circumstances in the practice of law that require more quick thinking and improvisation than defending a client at a temporary restraining order (“TRO”) hearing mere hours after meeting them for the first time....more

Ten Questions To Ask Your Client Before Seeking To Enforce A Restrictive Covenant Or Confidentiality Agreement

The phone rings on a Wednesday afternoon. In a panic, your longtime client explains that a hotshot employee has unexpectedly fled to a competitor a few months before the launch of a top secret new product. The client is...more

Medicare Jurisdictional Bar Limits Bankruptcy Court Authority in Health Care Bankruptcy

In an opinion dated June 26, 2015, the U.S. District Court for the Middle District of Florida ruled that the bankruptcy court administering the Bayou Shores SNF, LLC (“Debtor” or “Bayou Shores”), chapter 11 proceeding lacked...more

Where Attorney Fees Are An Incident To A Cause Of Action, They Need Not Be Pleaded And Proven

In Faton v. Ahmedo, 2015 DJDAR 5256, the California Court of Appeal for the Fourth Appellate District held that where an attorney fee request is a mere “incident to a cause of action,” they need not be pleaded and proven, as...more

Business Court Denies TRO In The Midst of A Proxy Fight

The Defendant in Allcorn v. Bradley Creek Boatominium, Inc. sought an injunction against the Plaintiffs in the midst of a proxy fight as to their allegedly defamatory statements in connection with the election of the...more

Exemption Amount under New York State Law for Statutorily Exempt Payments in Deposit Accounts Increases to $2,750

Under New York’s Exempt Income Protection Act (“EIPA”), certain funds in deposit accounts are exempt from most restraining notices and levies. One exemption under the EIPA is for statutorily exempt payments made...more

Chancery Enjoins Board in Potential Stockholder Dilution Scheme

Directors and officers of struggling corporations seeking capital or startups willing to trade equity for cash should read the Delaware Court of Chancery's recent transcript ruling in Elite Horse Investments Ltd. v. T3...more

Department of Labor’s Regulatory Scheme to Extend Federal Overtime and Minimum Wage Requirements Halted

The ever changing regulatory framework for Home Care Organizations and Personal Care Providers has created an uncertain environment in which to operate. As January 1, 2015, approached, many providers began preparing to...more

A Christmas Present for Home Care Providers

The home care industry received a welcome holiday gift from the United States District Court in Washington, D.C. shortly before Christmas when Judge Richard J. Leon vacated a portion of a new regulation that would have...more

California Court Grants TRO Against Iipay Nation in Online Bingo Case

On December 12, 2014, Judge Anthony Battaglia of the U.S. District Court for the Southern District of California granted the State of California’s Motion for a Temporary Restraining Order (TRO) against the Iipay Nation of...more

Federal Judge Denies EEOC’s Petition for Temporary Restraining Order; Allows Employer to Penalize Employees Who Decline to...

Last week, we blogged about the EEOC’s recent litigations involving employee wellness programs, including the Honeywell case where the EEOC sought to prohibit Honeywell from penalizing employees who decline to participate in...more

Not-So-Instant Replay: Restraining Order Granted Against New Jersey’s Updated Sports Betting Law

A little over a year ago, the Third Circuit upheld the New Jersey District Court’s permanent injunction against Governor Christie and others prohibiting New Jersey’s 2012 Sports Wagering Law as a violation of the federal...more

School Scams: FTC Cracks Down on Florida Online Diploma Mills

Online diploma mills, which require little or no coursework to complete a degree have recently garnered much attention within the online education realm. Websites which offer questionable diplomas for hundreds of dollars...more

Abuse of an Animal is Domestic Violence

Many people know that a few months ago, my husband and I lost our thirteen year old Dachshund, Bagels. While Bagels had been ill, there were no signs that her condition was worsening, so we were shocked by her sudden death. ...more

Receiver Appointed To Oversee Sell-Off Of Corporation's Intellectual Property

When I wrote last week about Americana Development, Inc. v. Ebius Trading & Distributing Co., the Business Court had entered a TRO against the Defendants prohibiting them from disposing of the intellectual property of...more

St. Tammany Parish (LA) Citizens Group Seeks TROs to Halt Permitting Process for Proposed Well

A citizens group named Concerned Citizens of St. Tammany has filed applications for temporary restraining orders in the U.S. District Court for the Eastern District Court of Louisiana in New Orleans and the Louisiana 19th...more

Fear Alone Won’t Get You An Injunction

With apologies for being absent for a week, ponder this question when you embark on a fight with the officers and directors of the energy company you own a part of: How does your subjective fear of harm factor into your right...more

Don’t Let Google+ Get You Arrested

A Massachusetts man, whose ex-girlfriend had a restraining order out against him, was recently arrested for sending her an invitation to join Google+. This unfortunate drama sheds light on the disparate impact of ordinary...more

Update on the UK Confiscation and Restraint Regime

The National Audit Office has published a report dated 17 December 2013 (the “NAO Report”) on confiscation orders, which are the main mechanism that the UK Government uses in carrying out its policy to deprive criminals of...more

An Inside Look into a MLM Trial - Travelmax Trial Mini-Series Videos

Have you ever wondered what happens in an MLM trial? In this presentation, MLMLegal.com gives you a rare, front row seat into the complexities of an MLM trial. In more than six hours of video, partitioned in more than...more

Congressman Polis Dismisses Lawsuit That Attempted To Stop Fracking Of A Weld County, Colorado Well

On July 22, 2013, Congressman Jared Polis filed suit in Denver County District Court against Sundance Energy, Inc. In his lawsuit, Polis sought to obtain a restraining order that would prevent Sundance from further operations...more

What Exactly is a Restraining Order in Michigan?

In Michigan, a restraining order is known as a personal protection order (PPO). Issued by the court, a PPO can protect you from harassment, assault, beating, molesting, wounding or stalking. A PPO can provide you important...more

A Q&A With Jeff Ifrah on the FTC’s Latest Draconian Tactics

Some lawyers who deal regularly with the Federal Trade Commission in investigations of allegedly false and deceptive online advertising have noticed that the agency is beginning to take steps in these investigations that are...more

Protecting the Workforce from Violence

Tragic acts of violence have taken over our headlines and can destroy not only lives, but businesses. With the rise in reported gun violence, the numerous recent tragedies around the country and continued economic troubles...more

Be Smart with Your Phone

Look around any conference room, coffee shop or elevator and you will find almost everyone has their smart phone in hand or nearby. While these hand-held devices are still used for talking on the phone, they are also used for...more

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