Ninth Circuit's Decision Sheds Light On Important Considerations In Granting Injunctive Relief

The Ninth Circuit's decision in Perrin Bernard Supowitz, LLC v. Morales continues to highlight the high bar necessary for a motion for preliminary injunction, the evidence required to establish irreparable harm, and the limited "abuse of discretion" standard that may be applied during any appeal. Case No. 23-55189, 2023 WL 1415572 (9th Cir. Feb. 5, 2024).

In Perrin, the Ninth Circuit found no abuse of discretion in the Central District of California's decision to deny a preliminary injunction that Individual FoodService ("IFS"), a supplier of food service products, sought against two former employees who formed a competing business while still employed at IFS, for misappropriation of a trade secret – IFS's customer list.