Preliminary Injunctions, TROs and More: A Comparative Analysis of the New York Commercial Division and Delaware Chancery Court

Oderah Nwaeze moderated a panel that included Hon. Elizabeth Hazlitt Emerson of the New York Supreme Court, Suffolk County, Commercial Division; and Hon. Lori W. Will of the Delaware Court of Chancery on “Preliminary Injunctions, TROs and More: A Comparative Analysis of the New York Commercial Division and Delaware Chancery Court” for the New York State Bar Association’s Commercial and Federal Litigation Section Annual Meeting.

The panel presented a comparative analysis of practice in the Delaware Chancery Court and the New York State Commercial Division, with an emphasis on preliminary injunctions and temporary restraining orders. The discussion included analysis of:

• Context of use
• Standards
• Expedited discovery
• Remedies
• Appeals of PI/TRO
• Best practices