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 DiTommaso Lubin Austermuehle 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.

Temporary Restraining Orders and Preliminary Injunctions

Temporary restraining orders, or TROs, are court orders that prevent an opposing party from taking one or more actions, or that compel the party to do something. They have a very limited duration, so an application for a preliminary injunction usually follows. 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 make a preemptive strike against the opposing party. A declaratory judgment is a court order that clarifies or explains the legal obligations and rights of all parties to the suit. It allows you to set the parameters for an upcoming legal dispute, and it gives you the opportunity to choose the court where the dispute might take place.

DiTommaso Lubin Austermuehle's Chicago 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 (877) 990-4990, or locally at (630) 333-0000 to schedule a consultation with a commercial litigation lawyer in Chicago.

Chicago Business Litigation Lawyer Blog - Emergency Commercial Litigation