App Developer Obtains Emergency Injunction in Contractual Dispute
Obtained an emergency temporary restraining order on behalf of a developer of an app that connects stranded motorists with service providers.
To assist with its cloud-based solution, our client contracted with a software developer (the defendant). Under the contract, the software company agreed to assign any work product to our client for its exclusive use and control. The defendant completed the contracted-for work, but our client later found out that defendants had never transferred the system to our client's environment, and was using its continued access to interfere with our client's business.
After we demanded that the defendant transfer the system to our client's environment, the defendant and its principals blocked our client's access to the service as a whole by removing administrative privileges to most of the cloud system. This shutdown threatened to destroy our client's growing business, and leave its customers stranded. We quickly prepared an emergency application for temporary restraining order, and obtained a hearing on the next court day. Within hours after a contested hearing on the temporary restraining order, the court issued an order granting our client's request and issued injunctive relief barring the defendant from continuing to block our client's access to the system, and ordering that the system be “immediately restored" (Western District, TX).