Published on August 14th, 2014 by Alan L Sklover
What is the meaning of:
An “injunction” is a Court order that requires a person to either (a) do, or (b) stop doing, a specific action.
It is considered an extraordinary judicial remedy because it extends the power of the Court into the lives of people in a way that is much more intrusive that would be a verdict for monetary damages. In fact, if a person fails to comply with a Court’s injunction, he or she can be held in “contempt of court,” and even jailed.
In general, there are two kinds of injunctions: “Preliminary” or “Permanent.” A “Preliminary” injunction is commonly requested at the very beginning of a lawsuit when someone claims to the Court “it is essential that we protect the status quo. We cannot wait years until the end of this lawsuit, or greater – perhaps irreparable – damage will be done.” If granted, a preliminary injunction lasts only until the end of the lawsuit.
For example, if an employer has reason to believe that an employee has stolen a secret and valuable recipe or chemical formula, it might ask the Court to issue a Preliminary Injunction at the beginning of a lawsuit regarding this issue.
Because Preliminary Injunctions are requested before the Court knows all of the facts – not just the employer’s version of the facts – the Court will require a strong showing of evidence before agreeing to issue the requested injunction.
At the end of a lawsuit, if the person bringing the lawsuit is found deserving of long-term protection, then a “Permanent” injunction may be issued by the Court, to remain in force indefinitely.
We are often involved in cases involving injunctions when an employer seeks to stop a former employee from allegedly stealing secrets or violating a non-compete agreement.
To obtain a copy of our 185-Point Master Guide & Checklist to Non-Compete’s, just [click here.]
Fortunately, through “self-help,” non-compete agreements can be “navigated,” negotiated, defended against, and, quite often, defeated. That takes some knowledge, insight and perspective on restrictive covenants.
We provide Model Letters for your Self-Help to address issues of Non-Compete Agreements and other restrictions. Just [click here] and see Section M [Non-Compete Agreements and Other Restrictions.]
To learn more about these matters, simply [click here.]
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