Emergency Commercial Litigation
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 Aventura lawyers at Stok Folk + Kon can assist you with your commercial litigation needs, including those that may require swift legal action.Common Types of Emergency 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 an Aventura Lawyer
Should an urgent conflict arise, you may want an experienced legal professional to act quickly on behalf of your company. At Stok Folk + Kon, our Aventura 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 305-935-4440 or contact us online to schedule a consultation.