When assets are moving or information is walking out, the remedy has to arrive before the harm is complete — and D.C. law provides several statutory routes to it. The Trade Secrets Act allows even threatened misappropriation to be enjoined (§ 36–402(a)). The fraudulent-transfer provisions allow an injunction against further disposition, attachment, and appointment of a receiver (§ 28–3107(a)). And in a dissolution proceeding the Superior Court may act pendente lite to preserve assets and keep the business running (§ 29–312.21(b)).
Can relief be obtained before the harm happens?
(a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for a reasonable period of time to eliminate commercial advantage that otherwise would be derived from the misappropriation. (b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of a misappropriation that renders a prohibitive injunction inequitable. (c) In appropriate circumstances, an affirmative act to protect a trade secret may be compelled by court order.
D.C. Code § 36–402 — Injunctive relief
⭐ Note the word threatened. A trade secret claim does not require waiting until the information has been used.
What if money or assets are being moved?
(a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in section 28-3108, may obtain: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim; (2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by sections 16-501 through 16-584; (3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure: (A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; (B) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or (C) Any other relief the circumstances may require.
D.C. Code § 28–3107(a) — Remedies of creditors
The list includes an injunction against further disposition, attachment, and appointment of a receiver over the transferred asset — see court-appointed receiverships and diverted funds.
What if the business itself needs protecting?
(b) The Superior Court in a proceeding brought to dissolve a corporation may issue injunctions, appoint a receiver or custodian pendente lite with all powers and duties the court directs, take other action required to preserve the corporate assets wherever located, and carry on the business of the corporation until a full hearing can be held.
D.C. Code § 29–312.21(b)
The court can preserve the assets and carry on the business until a full hearing, and may appoint a receiver or custodian in the meantime.
What makes an urgent application work?
Evidence assembled before the application, not after. In practice that means the documents showing what was taken or transferred, the dates, and a clear account of what will happen without relief. Urgent applications are decided on the record presented at the outset, which is why the first 48 hours matter more than the following month.
If the underlying problem is competitive rather than financial, see unfair competition.
Which D.C. provisions supply emergency relief?
Emergency relief in a D.C. business dispute comes from the statute governing the underlying claim, not from a single general injunction statute. Which section applies decides what the court can order and how quickly.
| Situation | D.C. Code provision | Official heading |
|---|---|---|
| Trade secret being used or disclosed | § 36–402 | “Injunctive relief” |
| Assets being moved from a creditor | § 28–3107 | “Remedies of creditors” — including injunction and appointment of a receiver |
| Deadlocked or oppressive company | § 29–312.21 | “Procedure for judicial dissolution” |
| Business needs protecting meanwhile | § 29–312.22 | “Receivership or custodianship” |
Frequently asked questions
How quickly can something be filed?
That depends on the evidence available. The statutory bases exist for immediate relief; what governs timing in practice is how fast the supporting record can be assembled.
Can a court freeze assets?
§ 28–3107(a) provides for attachment and for an injunction against further disposition by a debtor or transferee, subject to the limitations in § 28–3108.
Do we have to wait until the trade secret is used?
No. § 36–402(a) allows actual or threatened misappropriation to be enjoined.
Can someone be put in charge of the business temporarily?
Yes — § 29–312.21(b) allows appointment of a receiver or custodian pendente lite, and § 29–312.22 distinguishes a receiver who winds up from a custodian who manages.
Who can be put in charge of a business while a dispute runs?
A receiver or custodian appointed by the Superior Court under D.C. Code § 29–312.22. That is the District’s mechanism for placing a neutral over an entity, as opposed to simply restraining what a party may do.
Why does speed change what relief is realistically available?
Because the remedies that matter operate on things that can disappear. Avoidance and attachment under D.C. Code § 28–3107 reach the asset itself, and an injunction under § 36–402 restrains threatened as well as actual misappropriation; both lose their value once the asset or the secret is gone.
When can relief be obtained before the harm has happened?
Where the harm is threatened rather than complete. D.C. Code § 36–402(a) provides that actual or threatened misappropriation of a trade secret may be enjoined, which is why an application need not wait until the secret has been used.
Where is an emergency application filed?
In the Superior Court of the District of Columbia under D.C. Code § 11–921. Where the dispute is covered by an arbitration agreement, § 16–4408(a) still allows that court to enter provisional remedies before an arbitrator is appointed and able to act.
How is emergency relief obtained when the parties agreed to arbitrate?
Under D.C. Code § 16–4408. Before an arbitrator is appointed the court may order provisional remedies on motion and for good cause shown; once appointed, the arbitrator may issue such orders for provisional remedies, including interim awards.
How much of the cost can be recovered if the application succeeds?
Only what a statute or a contract allows. In a trade secret matter D.C. Code § 36–404 permits the court to award reasonable attorney’s fees to the prevailing party where a claim of misappropriation is made in bad faith, where a motion to terminate an injunction is made or resisted in bad faith, or where willful and malicious misappropriation exists.
Sources and legal authorities
- D.C. Code § 36–402 — Injunctive relief
- D.C. Code § 28–3107 — Remedies of creditors
- D.C. Code § 29–312.21 — Procedure for judicial dissolution
- D.C. Code § 29–312.22 — Receivership or custodianship
General information about D.C. law, not legal advice. Which rule applies depends on the entity, the agreement and the facts.
Related: Trade Secret Misappropriation · Partner Diverting Company Funds · Court-Appointed Receiverships · Unfair Competition · Business Litigation. Call (301) 901-3109 or use the contact page.