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Gish LLP Secures Denial of Preliminary Injunction

02/13/2025For homepage showcase, News

Gish LLP obtained a from-the-bench denial of a preliminary injunction that sought to force Mountain Service Distributors, Inc., a major retail distribution company, to cease using the software systems underlying nearly every aspect of its operations.

On behalf of Mountain Service Distributors, Inc., Gish LLP has successfully defeated a motion for preliminary injunction brought by one of Mountain Service’s primary competitors, National Convenience Distributors LLC (NCD). NCD alleged that Mountain Service engaged in a 16-year scheme to misappropriate its trade secrets via a relationship with NCD’s VP of Internal Business Management and Programming and sought a sweeping preliminary injunction that would have devastated Mountain Service’s ability to serve its customers, eliminating tens of millions of dollars of revenue and destroying the reputation of this 98-year-old family business.

Engaged less than a week before its deadline to oppose the motion, a Gish LLP team consisting of Michael Powell, Andrew Gish, David Lamb, and Ray Bilderbeck moved quickly to present an opposition and then oral argument in the space of less than two weeks. In a ruling from the bench, U.S. District Judge Edgardo Ramos of the Southern District of New York denied the motion in toto, concluding that the Gish team had shown that NCD did not “come close” to justifying the preliminary injunction.