Emergency Commercial Litigation
The business cliché says that time is money. But in some legal situations, time is worth more than money. When your business is threatened by loss of customer goodwill or client poaching by former employees, the harm is immediate and its value is difficult to prove, if it can be measured in dollars at all. Quick action is important in these situations, because a traditional court case is often too little, too late. Holman Law offers TRO, injunction and declaratory judgment business litigation services for clients in just this kind of situation, including defendants as well as plaintiffs.
Legal emergencies pop up frequently in disputes between business partners, shareholders, members or employers and employees. These close relationships create opportunities for one side to infringe on the rights of the other, or to betray the other’s trust, with damaging financial results. That’s one reason why they are typically governed by contracts as well as by state law. When one party violates its legal obligations, the other party has every right to take the dispute to court. However, court cases can take months to be heard -- and in emergency business litigation, you don’t have months. Situations giving rise to emergency business litigation can include:
Disagreements among partners, shareholders or members of a business Disclosure of confidential trade secret
Allegations of fraud and theft within a business venture
Non-payment, non-delivery and other violations of business-to-business contracts
Violations of restrictive covenants in employment, including non-compete and non-solicitation of current employees
Violations of client privacy
Infringement of your intellectual property
Trade libel or business disparagement, and other types of harm to your business’s reputation
Holman Law offers clients several ways to handle a legal emergency. If you believe the other party can do your business harm immediately, or is already doing it, we can help you move for a temporary restraining order. This is an order from the court to the other party, requiring or forbidding certain actions which remains in place for a short period usually about ten days. You can secure a TRO quickly, if that’s necessary to prevent substantial harm, keep evidence from being destroyed or other adverse actions from taking place. Whether or not you have a TRO, you can also request a preliminary injunction or a permanent injunction , which are longer-term versions of the same type of order. The court will hold a full evidentiary hearing before granting this type of order, but the order will be effective for much longer and harder to overturn.
Finally, if you believe another party is considering an unwarranted business lawsuit, Holman Law can strike first by filing for a declaratory judgment. This is a type of lawsuit seeking a declaration from the court explaining both parties’ rights and obligations. A declaratory judgment can put the control of the dispute in your hands, making it a good tool for businesses that anticipate a conflict but have no reason to sue the other party.
Emergency commercial matters require fast action. Holman Law can step in right away, drafting motions and appearing on clients’ behalf on the very next day, if necessary. We have more than 35 years of experience in New York business law and are aggressive, dedicated advocates for our clients. Over the years, we have focused on several areas where emergency legal needs are most likely, including breach of contract, restrictive covenants, trade secret theft, partnership and shareholder disputes and more. Holman Law is proud of its record of success in those areas.
If you need fast help with a business emergency or would like to talk more about how we can help, you can contact us anytime for a consultation send us a message online today or call (212) 481-1336.