The ability of a team of Womble Carlyle attorneys to defeat a TRO motion over a weekend was so impressive they not only earned kudos from the client but the judge as well.
The client was hit with a complaint and TRO motion in Delaware Chancery Court at 4:15 p.m. on a recent Friday. A half-hour later, the court set an in-person hearing for 9 a.m. Monday. The motion sought to keep in place a multi-country exclusive distributorship agreement that our client was seeking to terminate. The motion would be heard on the first day of the most important world-wide trade show in the affected industry.
The Womble team, led by Press Millen, immediately sprang into action, spending the weekend researching the issues, consulting with the client’s personnel in the U.S. and Switzerland, and drafting affidavits and briefs. By Sunday, they were able to meet with the affiant in Wilmington, execute the affidavit, and file our opposition papers.
The matter was heard on Monday morning and, after argument from counsel, Vice Chancellor Glasscock denied the motion and complimented the Womble team on the pleadings filed in such short order. Our client’s lawyers and business unit leaders were extremely happy with the work.
Millen was assisted by commercial litigator Kevin Mangan and paralegal, Judy Wray. Research assistance was provided by associate Sam Hartzell