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ARTICLE · 02 AUGUST 2016

Be Quick on the Draw When a TRO is Warranted

Anderson Kill
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A temporary restraining order, or TRO, is a powerful remedy in litigation that can be utilized both as a weapon and a shield.

United StatesLitigation, Mediation & Arbitration
David Graff
David Graff
Alexander Litt
Alexander Litt
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Originally published by Anderson Kill's Commercial Litigation Advisor & Alert

A temporary restraining order, or TRO, is a powerful remedy in litigation that can be utilized both as a weapon and a shield. A restraining order is utilized to protect your rights before another person or entity can cause harm to you and maintain the status quo between the parties before a full trial on the merits can be had. Accordingly, a temporary restraining order is very common in business disputes, particularly to protect intellectual property.

Because a restraining order is such a powerful remedy, the court does not grant one lightly. The standard to obtain a TRO or preliminary injunction is a showing of a likelihood of:

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