Emergency Commercial Litigation Attorneys in Fort Lauderdale

Skilled Attorneys Assisting Businesses in Urgent Legal Matters

Operating an entity and working with other businesses can sometimes lead to conflicts that require a speedy resolution. When trying to promptly resolve a business dispute, the guidance of a knowledgeable team of attorneys can be essential. The lawyers at Stok Kon + Braverman can assist you with your needs, including those that may require emergency commercial litigation.

Common Types of Emergency Commercial Litigation

When companies interact with one another, disputes are bound to arise. While some disagreements can be resolved through traditional legal processes, other conflicts sometimes require more immediate attention. If a business is likely to suffer imminent harm due to the actions of another party, it may want swift intervention to prevent irreparable harm to its operations. As a result, courts allow parties to participate in emergency litigation for issues such as breaches of non-compete agreements, disclosures of trade secrets, non-payment or non-delivery of goods, and trademark or copyright infringement, among other types of disputes. These situations often arise when a party seeks a preliminary injunction, a temporary restraining order, or a declaratory judgment.

Preliminary Injunctions

Preliminary injunctions are used to maintain the status quo between parties, pending a court’s decision regarding a commercial dispute. They either compel a party to take an action or prohibit a party from taking further action. The essential purpose of a preliminary injunction is to halt the position of the parties, allowing neither of them to cause any further harm to the other while litigation is pending. To obtain a preliminary injunction, a party must prove four elements. There must be a likelihood of irreversible harm that no legal remedy can rectify, and the harm to the party seeking the injunction must outweigh the harm to the opposing party. Also, the party seeking the injunction must be likely to win at trial, and the interest of the public must be served in some way by granting the preliminary injunction.

Temporary Restraining Orders

Temporary restraining orders, or TROs, are another type of emergency litigation tool that is commonly used. They function as a precursor to preliminary injunctions. TROs serve the same purpose as a preliminary injunction—to keep the parties in relatively the same position—but are shorter in duration. A party will usually request that a TRO be issued while the court decides whether to grant the preliminary injunction.