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Emergency Commercial Litigation

Time is money, as the saying goes. Where the future of your business is concerned, however, time is worth more than money. In emergency situations, when your business faces the risk of losing customer goodwill, or even losing customers to former employees, no dollar amount can reflect the extent of the harm you might face. The traditional methods of litigation will not be able to help you fast enough. Our business and commercial litigation attorneys at Lubin Austermuehle, P.C. offer emergency litigation assistance to businesses in crisis, including temporary restraining orders, preliminary injunctions, and declaratory judgments. These require quick preparation and response, sometimes even overnight. Our Chicago commercial litigation lawyers also assist defendants facing emergency measures like injunctions, helping them respond in short time frames to potential restrictions on their business or liberty.

Legal Emergencies

Emergency legal situations most often occur in disputes between business owners, or between employers and employees. They also may occur with regard to a company's intellectual property, particularly brands and other trademarks. If one party has the opportunity to betray the other party's trust, the aggrieved party has every right to go to court to hold the other party liable. However, this could take months, and the threatened harm may occur within days, or even hours. Situations that call for a far faster response than standard litigation can provide include:

  • Business-to-business contract breaches, such as non-payment or non-delivery of inventory;
  • Violations of restrictive covenants in employment contracts, such as non-compete agreements and agreements not to solicit current employees or customers;
  • Disclosures of trade secrets and other confidential or proprietary information;
  • Client privacy violations;
  • Intellectual property infringement;
  • Shareholder, member, or partner disputes;
  • Business disparagement, trade libel, and other acts that can harm your business' reputation and goodwill; and
  • Allegations of criminal or fraudulent activity in a business venture, such as theft or conversion.

When the goal of litigation is to prevent an imminent harm from occurring, or to minimize the damage done quickly, several emergency litigation tools are available. Our commercial litigation attorneys can advise Chicago clients on which of these may be useful to them.

Preliminary Injunctions (Known as TRO’s)

TROs – Temporary Restraining Orders are court orders that force a party to do something, or stop an opposing party from doing something. The length of time the temporary injunction is enforced is limited to a set period and at the end of that time period, a preliminary injunction can be issued. This is an order that may cover the same actions, but that remains in force until modified or revoked by the court. Courts characterize these measures as “extraordinary relief,” and tend to limit them to situations where harm is imminent and not reparable by monetary damages.

Declaratory Judgments

If you believe that a lawsuit against you or your business is imminent, a suit for declaratory judgment allows you to take proactive action against the party opposing party you’re opposing. A declaratory judgment ois useful and sometimes needed to clear up or explain the legal duties, obligations and rights everyone involved. It helps define the boundaries of the upcoming dispute, and it gives you the opportunity to choose the court where the argements will be heard.

Lubin Austermuehle, P.C.'s Chicago well-known commercial litigation attorneys , bring more than twenty-five years of Illinois business law experience to the service of clients in Illinois, especially in the greater Chicago area and DuPage County. We also serve clients in Indiana and Wisconsin. We frequently handle business emergencies for our clients from our offices. Contact us today via email, at 630-333-0333 to schedule a consultation with a commercial litigation lawyer in Chicago.



Business & Commercial Litigation
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"I was referred to Peter Lubin from someone in the car business to handle a law suit. From the moment I made the appointment Peter and his staff were outstanding. This wasn't an easy case, most lawyers had turned me down. However, Peter took the time to meet with me and review everything. He took on the case, and constantly communicated with me about updates and case information. We beat this non-compete agreement case in record time. I would use him again and recommend him to my closest family and friends. 5 stars is not enough to thank him for his service." Sebastian R.
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"I worked on two occasions with Peter Lubin and his staff. They took their time with me and discussed each and every item in detail. The group makes you feel like you are part of the family and not just another hourly charge. I recommend Peter to anyone who asks me for a referral. If you are looking for a top notch attorney at a reasonable rate, look no further than Lubin Austermuehle." Kurt A.
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"Excellent law firm. My case was a complicated arbitration dispute from another state. Was handled with utmost professionalism and decency. Mr. Peter Lubin was able to successfully resolve the case on my behalf and got me a very favorable settlement. Would recommend to anyone looking for a serious law firm. Great staff and great lawyers!" Albey L.
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"I have known Peter Lubin for over 30 years. He has represented me on occasion with sound legal advice. He is a shrewd and tough negotiator leading to positive outcomes and averting prolonged legal hassles in court. He comes from a family with a legal pedigree and deep roots in Chicago's top legal community. You want him on your case. You need him on your opponents case. He won't stop fighting until he wins." Christopher G.
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"Peter and his team helped us with an auto fraud case. They communicated well (timely and very responsive), investigated deeply, and negotiated a very good settlement. We were able to resolve our significant issue without a large burden and in a manner that allowed for us to come out ahead. I'd recommend Peter and his team strongly!" R.J. Callahan
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"Peter was really nice and helpful when I came to him with an initial question about a non-compete. Would definitely reach out again, recommended to everyone." Johannes B.
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