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Davis McGrath Scores “Hat Trick” in Three Emergency Matters

November 25, 2015

In the last month, Davis McGrath, LLC, scored a “hat trick” when it secured victories in three emergency injunction matters heard in federal and state courts on behalf of both plaintiffs and defendants.

 

In the U.S. District Court for the Northern District of Illinois, the Firm obtained a Temporary Restraining Order (“TRO”) in favor of its client — a national food distributor — in a case involving an ex-employee who violated various restrictive covenants in his employment and separation agreements.  Specifically, the Firm sought to prohibit the former employee from soliciting the Firm’s distributor client’s customers and from working for a competitor in violation of non-solicitation and non-compete provisions, which were present in both relevant contracts.

 

After hearing oral argument from both sides, the court granted the Firm’s TRO request.  The TRO ruling was significant because it gave the Firm strong negotiating leverage when it later settled the dispute.  The case eventually settled with the employee defendant agreeing to abide by the contractual non-solicitation, non-compete and non-disclosure provisions for the duration of those terms. Davis McGrath attorneys Gini Marziani, Bill McGrath, and Paul Porvaznik represented the Firm’s client in the matter.

 

In the Circuit Court of McLean County, Illinois, the Firm represented the defendants — two individuals and their respective business entities — in a dispute arising from the plaintiff’s unilateral expulsion of one of the defendants from a two-member limited liability company.  The plaintiff filed a seven-count complaint and sought an extremely broad preliminary injunction prohibiting the Firm’s clients from operating competing businesses and using a wide range of alleged trade secrets. After an evidentiary hearing, the court entered a narrow injunction, covering only the use of a collection of domain names and a rudimentary computer program, items that the defendants did not intend to use in their businesses. Davis McGrath attorneys Bill McGrath and Ross Drath represented the Firm’s clients, who will freely operate their businesses while the litigation remains pending.

 

Finally, in the Circuit Court of Cook County, the firm represented two defendants who had obtained village council approval for construction of a roadway adjacent to their suburban home. The Plaintiffs — neighboring property owners — moved for a temporary restraining order enjoining the relocation of a relevant easement and construction of the roadway. The court denied the motion and entered a briefing schedule on the Defendants’ prospective motion to dismiss.  Davis McGrath attorneys Gini Marziani and Champ Davis represented the Firm’s clients.

 

These positive outcomes illustrate the Firm’s readiness to assist clients bringing and defending against actions for emergency relief.

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