Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

How can businesses protect their operations during a lawsuit?

Miami businesses are used to moving at a fast pace in the competitive environment within which they operate. Being just slightly faster than another company can make all the difference when it comes to certain products and services, with the company's bottom line hanging in the balance.

When business disputes arise between different companies, this fast-paced environment often comes to a screeching halt. Business litigation, like other kinds of litigation, can move at a much slower pace than companies want it to, with cases often lasting for years before they are fully resolved.

Fortunately, during the course of the lawsuit, there are methods for obtaining some relief for the company without having to wait until the case is over. For instance, companies can obtain temporary injunctions during the lawsuit, which either mandate or prevent certain actions from taking place. The Florida Rules of Civil Procedure allow for parties to obtain a temporary injunction, including in some cases without notice to the other party.

Often times, the injunction is necessary simply to preserve the status quo. For example, if a company disputes the use of another company's intellectual property, the court may put in place an injunction that either prevents or allows the company to continue using the intellectual property during the dispute. This is true for other types of disputes as well, as the temporary injunction will mandate a certain course of action to be filed during the lawsuit. Parties then often seek to convert this into a permanent injunction at the conclusion of the case.

Accordingly, while litigation can take some time to proceed, individuals and businesses should understand their options for relief. If an injunction is possible in a case, it can allow the business to continue operating in a certain way during the course of the lawsuit, without putting everything on hold in the meantime.

Source: Florida Bar, "Florida Rules of Civil Procedure," accessed on Aug. 15, 2015

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