When to Consider a Commercial Injunction

By Edward Jules Goodman

If you're caught up in a commercial legal dispute, you may very well know that proceedings can take months or even years before the matter is resolved. You may have heard of businesses using commercial injunction, also called injunctive relief in addition to litigation, or as a quick remedy to avoid litigation. Injunctions are urgent remedies in which the court orders an entity to continue on with a certain act (called a mandatory injunction) or to cease a certain act (prohibitory injunction).

If you are considering filing for an injunction, you should know that while they can provide swift and effective results, they can be expensive and risky. If an injunction fails, it can leave you with a hefty bill and tense business relations. If you're considering an injunction, you should contact an attorney who specializes in business and commercial litigation to review your case. Here are a few things to consider before calling your attorney:

Courts tend to favor injunctions in cases where the filing business is at risk of suffering large financial losses, character damage, or intellectual losses without the urgent action of the injunctions. These commercial situations may include:

• Supply Chain disputes in which the failure to deliver a specialized product could inhibit the purchasing business from proceeding with their operations
• Stopping the wrongful use of trade secrets or confidential business knowledge by competing businesses
• Trademark and copyright violation
• Cases where publication of defamatory comments or material could unjustly injure the reputation of a business

In general, you should be sure that the action for which you are filing could bring about irreparable harm to your commercial undertaking. The gravity of commercial injunctions require many commitments from the filing commercial venture:

• You must persuade the courts of the urgent nature of the injunction to prevent irrepreable damage to your business
• You must present all the facts of the business relationship, including those which may not support the case for your injunction.

In situations where injunctions are necessary, time is of the essence. It is important for you to work with an attorney who practices commercial litigation and has experience with injunctions. A commercial litigation attorney in your area will be familiar with what your local courts will need to see in order to grant an injunction. They will be able to move quickly over a short time span to help you collect and prepare the necessary records and paperwork to make your injunction successful.

Because of the urgent and intense nature of preparing to file for injunctive relief, you need to be prepared for a sizeable attorney's fee. Despite the cost, if you truly need a commercial injunction to prevent irreparable harm to your business, you need to make the investment in a skilledcommercial litigation attorney to ensure that you are successful in protecting your commercial interests.

*Note that the proceedings for commercial injunctions are very different than injunctions used for personal protection. If you are concerned about your safety and need an injunction for protection (also called a restraining order or personal protection order), call your local police department immediately for a list of attorneys in your area who can help you.

Please visit www.icardmerrill.com.

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