Trade secrets, proprietary information, and secured customer relationships often are the lifeblood of our clients. Litigation over the potential loss of that property often is a “bet the company” action. And that action must be investigated, prepared, filed, and argued in a very short time and in compliance with Arizona statutes, rules, and case law regarding emergency relief.
Osborn Maledon’s lawyers regularly represent clients in emergency relief and prejudgment remedy actions. These matters are fast-moving and often involve complex technologies and complicated rules relating to notice, bonding, and hearings. These actions include, for example:
- Provisional garnishment, attachment, or replevin to freeze or protect assets or property for the life of the litigation matter;
- Motions for Temporary Restraining Orders and Preliminary Injunctions;
- Actions for Declaratory Relief seeking a quick hearing on a justiciable dispute; and
- Emergency actions seeking orders to protect the status quo.
Our lawyers have extensive experience in handling actions to protect trade secrets, recover stolen property, and to enforce or defend non-competition agreements. With a skilled and experienced team of lawyers, Osborn Maledon can quickly and efficiently manage virtually any emergency relief action.
Representative successes include:
- Obtained provisional remedy seizure of stolen aerospace parts and later converted attachment remedy into large money judgment and permanent return of parts.
- Obtained Summary Judgment, affirmed by the Ninth Circuit, in litigation brought by former employee to void his non-competition restrictions.
- Obtained Summary Judgment, currently pending on appeal, in litigation to void client’s non-competition restriction so that he could work unrestricted for competitor.
- Defeated preliminary injunction application brought by competitor to enforce overly broad restrictive covenants.
- Secured significant settlement on behalf of Internet marketing company, after former employees deceitfully obtained proprietary information.
- Secured favorable settlement, including injunctive relief, on behalf of corporate client after employee stole confidential information and began competing during his employment.
- Successfully froze and later seized millions of dollars in stolen funds for corporate client.
- Routinely sue to enforce employee non-competition and non-solicitation agreements to protect trade secrets, customer relationships, and employee relationships.
- Routinely defend clients who are being sued by competitors for hiring employees subject to non-competition or customer non-solicitation restrictions.
Scott W. Rodgers
Kristin L. Windtberg