Every now and then, non-compete and trade secret plaintiffs
conclude that the need for relief is so urgent that a temporary
restraining order is not enough. Instead, they decide that relief
must be granted by the court before notice and an opportunity to be
heard is provided to the defendant. This practice, which is legally
known as seeking relief ex parte, is permitted by courts,
but subject to a specific showing of need that is discussed in
greater detail below. A recent decision by the United States
District Court for the Northern District of Texas illustrates that
courts are loathe to grant ex parte injunctions.
To be clear,
non-compete and trade secret cases are emergency driven. From a
plaintiff's perspective, the defendant's wrongful conduct
threatens irreparable harm. To prevent such harm, plaintiffs seek
injunctive relief by way of (1) a temporary restraining order
("TRO"), and/or (2) a preliminary injunction. A TRO is
simply an expedited, temporary form of
