In most cases where an injunction is requested ‘it is because my client identified an issue, we engaged the other side, and the new employer ignored the issue by refusing to do anything’, according to Robert I Steiner, New York managing partner of Kelley Drye & Warren. 

Reasonable position

In an interview with Metropolitan Corporate Counsel, he said: ‘So if you want to avoid being on the wrong side of an injunction, take a reasonable position and attempt to find a solution. That is not always possible, and if your adversary is unreasonable and intent on suing, you may end up in court, but at least you can tell the judge you took the issue seriously, did what you could, and only ended up in court as a last resort.’ Source Metropolitan Corporate Counsel