How do you prepare to file a preliminary injunction?

| Feb 25, 2021 | Entertainment Law |

Recently, one of your clients experienced unauthorized commercialization of her or his likeness or name. You feel injunction relief offers the most favorable option for the situation, but you have little experience filing such a court order.

The American Bar Association offers tips for obtaining an initial injunction. Learn how to help your client secure preliminary relief and protect his or her identity.

Research courts and judges

Do you know the court in which you stand the most favorable chance of obtaining an injunction? Which judge may see your situation the way you and your client do? Research courts and judges to see which have the most experience with entertainment law.

Think beyond your initial complaint

Maximize your initial complaint to support your argument for relief for your client. Specifically, provide powerful evidence for why your client deserves an injunction, and show how the situation meets the requirements for a preliminary injunction. Consider implementing several affidavits to lay the foundation for generating trustworthiness.

Consider requesting expedited discovery

To boost your chances of receiving an injunction, think about requesting expedited discovery. While speeding up the process and adjusting the sequence of events, receiving an expedited discovery also means you have more work to do under an already-tight deadline. That said, putting in more time and hard work may help you and your client gain relief.

Gather adequate evidence

Do not become so focused on researching courts and judges and preparing affidavits that you neglect to get ready to argue your motion. You may have a long and hard fight ahead from the defense, so take time to build and strengthen your arguments and rebuttals.

Know what awaits on the legal road ahead. Proper preparation becomes vital with court injunctions.

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