Lawyer for Temporary Restraining Orders and Injunctions in Oak Brook, Elmhurst, and Burr Ridge Areas
As a business owner, you may need to address a variety of different types of business disputes. In some cases, you may need to take immediate legal action to protect your business from harm, and this may include obtaining a temporary restraining order or preliminary injunction. When pursuing this type of relief, you should be sure to work with a knowledgeable and experienced business law attorney.
At Shakfeh Law LLC, we work with many different types of businesses, helping them address legal issues and take the necessary steps to protect themselves from financial damage. Attorney Danya Shakfeh is a business owner with more than 10 years of legal experience, and she can help you understand your options for pursuing remedies through business litigation.
Temporary Restraining Orders and Preliminary Injunctions
There are many situations in which emergency legal action may need to be taken to protect your company. These may include cases in which a person or company is infringing on your trademarks, copyrights, or other intellectual property, as well as situations where you are concerned that a former employee or partner will share trade secrets or proprietary information about your company’s processes or customers. You may also need to take steps to prevent other companies from engaging in unfair or anti-competitive practices that would damage your company.
While many of these matters may be addressed through litigation, the process of filing a lawsuit and addressing legal matters in the courtroom can take time, and your company could suffer significant harm while waiting for the case to proceed. If you need to ensure that your business’s interests will be protected, you may be able to receive a temporary restraining order (TRO) after initiating a lawsuit against the offending party. To obtain emergency relief in Illinois courts, you will need to demonstrate the following elements:
- Protectable right – You must have an interest, such as a business, that requires protection.
- Irreparable harm – You must show that your business would be harmed in a way that could not be prevented or addressed by a judgment in a trial. For example, you may need to ensure that the defendant stops taking actions that would harm your business’s goodwill or business relations.
- Inadequate remedy at law – You must show that the remedies available in a trial would not be sufficient to address the harm suffered by your business. For instance, an award of monetary damages at the end of a trial would not be a sufficient remedy if the defendant’s actions cause your business to fail.
- Likelihood of success on the merits – While you may need to demonstrate that you would be likely to win a lawsuit, the threshold for meeting this requirement is fairly low, and this may involve showing that your company’s status quo should be preserved until the case can be decided during litigation.
If a TRO is granted, it will typically remain in effect for 10 days or until a hearing can be held to determine whether a preliminary injunction should be issued. At this hearing, the elements described above will be examined, and if a judge determines that emergency relief is necessary until a decision can be reached through a trial, a preliminary injunction will be issued that will remain in effect until it is revoked by the court.
Contact a Cook County Business Litigation Lawyer
If your business is facing any threats due to illegal actions by competitors, former employees or shareholders, or others, you need to act quickly and make sure you are taking the right steps to protect yourself. With the right attorney on your side, you can pursue emergency relief and make sure these issues are addressed correctly. Contact Shakfeh Law LLC today at 630-517-5529 to learn how we can assist with business litigation, temporary restraining orders, and preliminary injunctions. We provide legal help to businesses in Oak Brook, Hinsdale, Elmhurst, Villa Park, Lombard, Burr Ridge, Chicago, Downers Grove, Willowbrook, and throughout Cook County and DuPage County.