How Can A Temporary Restraining Order Help Your Business?
As a business owner, you have probably spent years establishing a good reputation with the community. Even though business reputations take countless hours to build, they can be ruined in just days by departing employees and competitors who spread false information or engage in some other kind of damaging conduct, such as disseminating crucial intellectual property or otherwise sensitive information to competitors or the general public. When these things happen, your business needs immediate help. Unfortunately, the usual pathway through the legal system is often too slow and will not work fast enough to protect your business’ reputation or sensitive information. Also, if you delay taking remedial actions, the worst damage may already be done before you have an opportunity to present your case to a judge. In short, a judge can do little to help your business if your reputation has already been destroyed or your sensitive information shared.
When such conduct occurs, temporary restraining orders can prevent the defendant from engaging further in the damaging acts that harm your business until the court can make a more permanent ruling on it at a restraining order hearing, where both sides will be able to present their cases to the judge.
A common circumstance where a party may request a TRO or preliminary injunction includes the situation where a competitor steals confidential and proprietary information from a rival business and uses that information to steal clients and start a competing business. Without a TRO or preliminary injunction in place, the thieving business can continue to use that information and steal clients and potentially put the competitor out of business, or at least continue causing great harm, during the two years it takes to get to a trial. In such a situation, the business cannot wait two years to stop the theft of clients. It needs relief immediately. Thus, a judge may grant a TRO or preliminary injunction to stop the business from using the information and stealing clients.