TRO (when appropriate)

Under certain circumstances, it may be appropriate to immediately seek a temporary order from the judge seeking to preserve the status quo until a more thorough hearing can be had. In most jurisdictions, these orders are called temporary restraining order, or TRO. In the context of non-competition/trade secret agreements, an employer may request that its former employee be temporarily prohibited from such things as contacting certain customers, disclosing specified information, or even working for a competitor. Whether a court will grant a TRO often depends upon the jurisdiction and the burdens associated with the relief requested.

These orders are only in place for a short period of time, such as ten days. Sometimes they can be obtained ex parte, depending on the judge, meaning that the plaintiff can request the TRO without the defendant or the defendant's counsel being present. If a TRO is granted, the plaintiff generally must post a bond to cover all harm that results from the wrongful issuance of a TRO, including attorneys' fees incurred in getting rid of the wrongful TRO. In short, a TRO is a high risk/high reward option. Success or failure in obtaining a TRO, however, does not necessarily mean success or failure in obtaining a preliminary injunction. Our attorneys can thoroughly explain the pros and cons of requesting a TRO.

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