Judges have discretion to decide motions for TROs and preliminary injunctions on the papers. But when should they hold a hearing?

In a recent decision, the U.S. Court of Appeals for the 1st Circuit explained that explained that employers have a right to enforce valid non-solicitation agreements, and “[t]hat right cannot be thwarted by easy evasions, such as piquing customers' curiosity and inciting them to make the initial contact with the employee's new firm.”