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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Category Archives: Injunctions and Attachments

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Obtaining or Avoiding a Freeze on a Bank or Other Financial Account Can Require Swift Action or Reaction

Posted in Injunctions and Attachments, Pre-Litigation Considerations

During the dog days of summer, anything with the word “freeze” may sound appealing. But if the freeze is a “trustee process attachment” (tying up a bank or other institutional account), a whole different set of emotions can be evoked. As I discussed in Gain Leverage by Freezing Bank Accounts – Part I and Part… Continue Reading

Make Sure You Can Afford to Pay a Bond Before Seeking an Injunction

Posted in Contracts, Injunctions and Attachments, Pre-Litigation Considerations

In order to obtain a an injunction under federal law, the moving party has to show each of the following: (i) It has a likelihood of success on the merits of its claim. (ii) Without injunctive relief, it would risk suffering irreparable harm. (iii) Such harm outweighs the irreparable harm that the non-moving party would… Continue Reading

Don’t Overlook The Need to Show Irreparable Harm When Seeking Injunctive Relief to Enforce a Non-Compete

Posted in Contracts, Injunctions and Attachments, Noncompetition & Other Restrictive Covenants, Pre-Litigation Considerations

When seeking preliminary injunctive relief to enforce a non-compete, the moving party is often focused on how obvious it is that the defendant breached the parties’ agreement. As 7-Eleven recently learned, however, even when there is a valid and enforceable noncompetition provision and a clear breach of it, unless you can show that you will… Continue Reading

Three Ways in Which Enforcement of Non-Competition Agreements is Like Dating

Posted in Injunctions and Attachments, Noncompetition & Other Restrictive Covenants, Pre-Litigation Considerations

In a prior blog post Three Issues In-House Counsel Should Raise Before Asking Employees To Sign Non-Competes, my co-publisher, Shep Davidson, provided suggestions to help in-house counsel ensure that non-competition restrictions on employees were appropriate and enforceable. As it is Valentine’s Day, we look at three ways in which enforcement of non-competition agreements is like… Continue Reading

April 30 Union Rights Notice Posting Deadline on Hold

Posted in Compliance, Policies & Notices, Injunctions and Attachments, Labor Relations

In a prior post, we had reminded you that certain changes to the National Labor Relations Act (NLRA) regulations would become effective on April 30.  However, as of Friday, April 13, in a case brought by the U.S. Chamber of Commerce, the U.S. District Court of South Carolina decided to strike down the requirement to… Continue Reading