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Oberheiden Attorneys

Emergency Business Litigation Lawyers

The classic litigation process is not designed to achieve fast results. Sometimes, however, it is critical, if not essential, to seek immediate legal intervention to force an opponent to cease unlawful activities in order to avoid irreparable harm. When you are facing a legal emergency, waiting one day could be too long to adequately protect your interests.  Call the experienced attorneys and former Department of Justice prosecutors of the Oberheiden & McMurrey, LLP today to learn how we can help you with your legal emergency.

  • Crisis Management
  • Protection against Media
  • Expedited Court Intervention
  • International Intervention (e.g. Child Abduction)
  • Evidence Preservation
  • Criminal Investigations

The attorneys at Oberheiden & McMurrey, LLP have decades of experience in handling emergency litigation. We have the resources and staff. We solve emergencies with experience, calmness, precision, and force.

Emergency Situations & Crisis Management

In the business world, there are several situations in which emergency relief may be appropriate.  In general, courts will intervene to avoid irreversible damage to a business or property during the litigation process. In most cases, courts limit their roles to preserve the status quo. A court is unlikely to enjoin a party’s right to free speech by issuing an order telling the party not to speak about certain subjects.  A court will, however, prohibit a defendant from making defamatory or false statements. to Most commonly, emergency court intervention may be justified in these situations:

  • Tortious Business Interference
  • Theft & Conversion of Property and Ideas
  • Client Privacy Violations
  • Intellectual Property Infringement
  • Protecting Trade Secrets
  • Breach of Restrictive Covenants (Non-Compete)
  • Emergency Criminal Proceedings
  • Harassment
  • Computer Hacking

Emergency Court Interventions

  • Temporary Restraining Order (TRO). The most common type of emergency court intervention is a temporary restraining order followed by a preliminary injunction. A temporary restraining order serves to provide emergency relief and to preserve the status quo until a hearing may be had on a temporary injunction. A temporary restraining order may be issued without notice to the other side and a full hearing if the person seeking the relief is threatened with immediate and irreparable injury. A temporary restraining order holds matters in abeyance until a date specified.
  • Temporary Injunction (TI). By contrast, a temporary injunction holds matters in abeyance until further order of the Court. Generally speaking, a temporary restraining order can only be valid for up to fourteen days, although it can be extended for a few additional days under certain circumstances.  At that time, a full hearing will be held with both parties present, and the court will hear evidence as to whether the temporary restraining order should be converted into a preliminary injunction.
  • Expedited Deposition. Courts may also offer emergency intervention to perpetuate testimony of a witness who may not be available at a later date. A deposition may be allowed earlier than normally would be proper under the rules of procedure if the witness is ill, likely to leave the jurisdiction, or otherwise might be unable to testify as to the facts of the case by the time of trial.
  • Legal Standards. The standards for obtaining a temporary restraining order and preliminary injunction are well established. A plaintiff is entitled to a TRO and preliminary injunctive relief if the plaintiff can demonstrate these four grounds for relief: (1) the existence of a wrongful act; (2) the existence of imminent harm; (3) the existence of irreparable injury; and (4) the absence of an adequate remedy at law.  Note that if the temporary restraining order or preliminary injunction is granted, the party who sought the relief will most likely have to pay a bond to secure the order.  This money is to secure compensation for the defendant if it is later discovered that the order was improperly entered and caused the defendant economic harm.

Please call the experienced attorneys of Oberheiden & McMurrey, LLP today if you want to discuss a legal emergency. Speak to a senior attorney and request a free and confidential case assessment.

Litigation & Media

A special challenge arises in cases that attract media attention. In today’s 24-hour news cycle, the media is more interested than ever in sensational or salacious news stories.  The increase in online sources of news has seen a corresponding increase in stories featuring civil or criminal allegations against business leaders, local celebrities, prominent professionals, athletes, and others who are known to either a local, regional, or national audience.  Even a previously unknown figure may become infamous through news reports involving catastrophes, crises, mismanagement, fraud, or alleged criminal misconduct.

Defending against the media is not an easy task but requires tact and finesse. The media is a vital part of the First Amendment in America and as such has broad rights to report on any story they deem newsworthy. That said, it is not always a good idea to be confrontational, but often best results are achieved by feeding favorable information, distraction, and win-win cooperation.

Oberheiden & McMurrey, LLP has pursued both ways. Where appropriate, we have intervened and restrained, but we have also successfully transmogrified our clients from potential media targets into favorably featured witnesses. Our firm routinely advises clients of how to best use or how to best shield against the media. Our attorneys have represented clients in virtually all media fora, from local newspaper interviews, to regional reporting events, to national TV documentaries, including CBS’s legendary 60 Minutes.

Proven Litigation Results

Our attorneys have collectively handled hundreds of legal emergencies spanning courts from New York to Texas and indeed, throughout the country.  Most recently, our attorneys have obtained the following court orders in in emergency proceedings.

  • Obtained Restraining Order Against Former Employee Making Accusations of Stark Act Violations
  • Obtained Restraining Order Against Sale of Assets of Insolvent Hospital.
  • Obtained Restraining Order Against Former Employee Violating Non-Competition Agreement
  • Obtained Restraining Order Against Ex-Spouse Interfering with Client’s Current Job and Falsely Reporting Ethical Violations
  • Obtained Restraining Order Against Former Employee Violating Non-Competition Agreement
  • Obtained Restraining Order Against Management Company Attempts to Surrender Home Health Care License
  • Obtained Restraining Order Against Dissipation of Assets by Creditor
  • Obtained Restraining Order Against Competitor’s Tortious Interference with Toxicology Business

A business legal emergency demands immediate attention by experienced business litigation lawyers. Call us today and let us help you!

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