An overnight asset freeze granted on a Friday evening over funds held through four entities in three states and two trusts.
What was at stake
Our client learned on a Thursday that its former finance director had moved company funds through a chain of entities he controlled. Some of the money was already leaving the country.
How we ran it
We filed without notice the following evening. The sworn declaration ran sixty pages. It needed the unhelpful facts laid out beside the helpful ones, and it was written in a few hours.
The outcome
The court entered a temporary restraining order that night, with expedited discovery directed at the trust companies. Most of the funds were preserved, and the case resolved four months later.
Emergency relief granted without notice depends on the candor of the applicant's own evidence. That duty of full disclosure is what made the order acceptable to the court.
The turning point
The defendant moved to dissolve the order, claiming important facts had been withheld. The transcript of the first hearing showed every one of those points had already been raised with the judge, so the order stood.
The lesson
Emergency orders fall apart over incomplete disclosure far more often than over weak claims. Laying out the opponent's strongest answers, completely and fairly, is what protects an order when it is attacked.
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