In this video clip, which was taken at a Practising Law Institute ("PLI") seminar, New York trade secret and unfair competition attorney Jonathan Cooper lays out some tips for the kinds of evidence that more savvy litigants try to include in their papers before the court when either seeking or fighting an application for a Temporary Restraining Order (in legalese, "TRO"), particularly in the context of noncompete cases.
One of the chief tips/recommendations here is "Show me, don't tell me," meaning that rather than relying exclusively on affidavits or other forms of sworn statements, documentary evidence that was generated and maintained in the regular course of business at the relevant times tends to carry far more weight, and is less prone to interpretation, or the creative license many attorneys take when crafting their clients' affidavits.
