In First Western Capital Management Co. v. Malamed, Case Nos. 16-1434, 16-1465 & 16-1502 (10th Cir. Oct. 30, 2017), the Tenth Circuit Court of Appeals held that a district court erred in issuing a preliminary injunction to a party under federal and state trade secret law where the court presumed that the party would be irreparably harmed absent the injunction.
Ordinarily, in order to obtain a preliminary injunction, a moving party needs to establish, among other things, that it will suffer irreparable harm if the injunction is denied. This requires the party to show that there is a ...
Blog Editors
Recent Updates
- Georgia Supreme Court Allows for Employee Non-Solicitation Agreements That Lack Express Geographic Limits
- Continued Employment May Constitute Sufficient Consideration for Noncompete Agreements in Connecticut, but Uncertainty Remains
- What the FTC Non-Compete Ban Block Means for Employers - Employment Law This Week Video
- Texas Court Shoots Down FTC Noncompete Ban Nationwide
- Florida Court Joins Texas Court in Granting Preliminary Injunction Against FTC’s Final Rule Banning Noncompetes, but Limits Scope of Injunction to Named Plaintiff