Has anyone ever seen an arbitrator or judge actually grant Preliminary Injunctions in the case of breach of a Non-Compete or NDA?
I have heard from an experienced deal maker that the Injunction/TRO is very rarely issued, even when breach causes financial harm and the agreement is in alignment with the statues, case law and is clear & unambiguous.
I have not had to deal with this issue as of today (Thank God)!
Enforceability is always a concern for me.
If I don't trust them I don't give them anything obviously.
Still, in reality, a Court or arbitrator's order could mean nothing really.
If they violate the Injunction/TRO they could get an arrest warrant issued and IF they happen to get pulled over while Driving for some moving violation, I believe then they get arrested (like unpaid child support).
But they could also flee the country!
(Or even leave to Mars in a few years ;)
Thx
=)
Happy to discuss with anecdotes if of interest.