"Bet the company litigation" also known as "bet the farm litigation" refers to legal disputes that pose a significant threat to a company's survival. Such cases involve claims of such magnitude that they risk the future of the business and could bankrupt the company or cause the loss of a crucial part of the business. To effectively counter such existential threats, business must employ a range of tools, with court injunctions being a particularly valuable and often underestimated solution.
In commercial litigation, injunctions play a crucial role by preserving the status quo. They can be granted in favor of either the claimant or the defendant, depending on the circumstances. Instances where business relationships are at risk, disclosure of trade secrets is imminent, a key customer has been solicited through improper means, or a business faces challenges in receiving capital from its investors or compensation for good or services that it provided are scenarios where injunctions become relevant.
Injunctions are often temporary in nature and implemented to maintain a status quo during the litigation process until the court can determine the rights of the involved parties regarding the contested issue. In New Jersey, a party seeking a temporary injunction must demonstrate to the court: (1) that the injunction being sought is necessary to prevent irreparable harm, which exists when the harm cannot be appropriately remedied by a later award of monetary damages; (2) that the legal right underlying the claim is settled; (3) a reasonable probability that the party seeking the injunction will ultimately succeed on the merits; and (4) that balancing the relative hardships of the parties.
In certain litigation scenarios, obtaining a permanent injunction may be the primary objective. For example, in cases involving trade secrets, a temporary injunction may be sought initially, followed by a quest for a permanent injunction. This strategic approach may be the core purpose of the lawsuit, aiming to permanently resolve the identified issue rather than merely maintaining the status quo during the litigation process.
Bet the company cases require a unique evaluation of risks and rewards that goes beyond the typical analysis conducted in routine commercial litigation. These cases are intricate, often featuring multiple parties and involving complex legal issues and procedures.
In situations where a business’s survival hinges on a successful outcome, clients should entrust their case to seasoned trial lawyers with experiencing navigating complex cases efficiently and successfully. When faced with a business dispute in New Jersey that you cannot afford to lose, it is critical that you hire knowledgeable and experience New Jersey legal counsel.
Kemeny, Ramp & Renaud, LLC is committed to pursuing vigorous, cost-effective strategies designed to secure the best possible results. The business litigation attorneys at our firm are available to assist you. Call us at (732) 853-1725 to schedule a consultation.