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Injunction

By IncNow | Published October 19, 2013

A judge-issued remedy that orders a party to perform an act or stop performing an act. In the context of a corporate dispute typically it is an order to stop something from happening that may cause “irreparable harm”. An injunction can be ordered “ex parte” on an expedited basis by the Delaware Court of Chancery in the form of a temporary restraining order or with minimal notice in the form of a preliminary injunction. If after trial it is determined that the injunction should stand for longer periods, it may even take the form of a permanent injunction, for example, to block the sale of a company. This remedy is limited only to cases where money damages would not make the other party whole, so some unique property or interest must be at stake. “. Another example is to enforce a non-compete agreement to order someone not to work for a competitor.

When deciding where to form your company, consider that Delaware has advantages over your home state that may benefit you. Go