Emergency Commercial Litigation

Skilled Broward County 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 Broward County commercial litigation 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.

Declaratory Judgments

Declaratory judgments are rulings issued by judges that establish the rights of parties in contract with one another. In contrast to a preliminary injunction, a party does not have to be harmed to obtain a declaratory judgment. In fact, parties often seek declaratory judgments before either party is actually harmed. The need for a declaratory judgment arises when a conflict or disagreement has surfaced, but neither party has made an affirmative act that would cause damage to the opposing party. Declaratory judgments function as a type of preview to litigation in that a judge establishes the positions and rights of the parties, which gives each of them guidance regarding what actions would constitute harm to the opposing party. To obtain a declaratory judgment, a plaintiff must show that it has a tangible legal interest, that the opposing party’s conduct is contrary to that interest, and that an ongoing actual controversy between the parties is likely to be prevented by court action.

Discuss a Commercial Dispute with a Broward County Lawyer

Should emergency commercial litigation arise, you may want an experienced legal professional to act quickly on behalf of your company. At Stok Kon + Braverman, our Broward County attorneys are skilled in handling emergency business law disputes. For over 15 years, we have proudly served entities and individuals from Fort Lauderdale, Hollywood, and the surrounding cities. Call us today at (954) 237-1777 or contact us online to schedule a consultation.

Client Reviews
Alan is one of the most respected family law attorneys in South Florida. He handled a case for a close personal friend and did such a great job that I wanted to let the world know what a great man he is. If you need a family law attorney and you live in South Florida call Alan. Joe Harvey
Here is my experience with Alan Braverman. He is one of the finest lawyers I have ever worked with; I currently share office space with Mr. Braverman. He is a brilliant and thorough attorney. I met him as a new attorney doing family.....His experience and willingness to share his time with me has made me a better lawyer. I will always be grateful to him for the wisdom he has shared. His work ethic is incredible. His clients LOVE him because he gets great results. Katherine Corrigan
When I filed for divorce, I was very distraught and wasn't sure where to even find a reputable attorney. A friend recommended Alan Braverman. Mr. Braverman was wonderful throughout my divorce! Very attentive and understanding. The process was quick and painless, and beneficial too! Would recommend him to anyone going through a divorce. Justine Luzzi