RICHARD J. LEON, District Judge.
Plaintiff GEO Specialty Chemicals, Inc. ("plaintiff" or "GEO") seeks a preliminary injunction
Defendant Husisian is an attorney who formerly practiced law at Thompson Hine LLP ("Thompson Hine"), a law firm that represents the largest producer of glycine in the United States, plaintiff GEO. See Compl. ¶¶ 13-18, ECF No. 1. While employed at Thompson Hine, Husisian devoted more than 1,400 hours to working on glycine-related trade matters for GEO, including over 300 hours dedicated to assisting GEO with a particular trade case before the Import Administration unit of the U.S. Department of Commerce's International Trade Administration. See id. ¶¶ 7-11, 15-16. More specifically, GEO was, and continues to be, an "interested party" in case A-570-836 Glycine from the People's Republic of China (the "Glycine Trade Case"), which involves issues relating to the protection of U.S. glycine manufacturers from harm caused by unfairly priced, or "dumped," imports of Chinese-origin glycine into the United States. See id. ¶¶ 8, 12-13. During the pendency of this trade case, the Department of Commerce issued a remedial Order (the "China Order") that imposed additional customs tariffs, or "antidumping duties," on any Chinese-origin glycine to prevent Chinese glycine manufacturers from taking a substantial market share from U.S. producers like GEO. See id. ¶¶ 9-11. In 2007 and 2008, when two Chinese shippers sought to lower their glycine antidumping duties by challenging the existing China Order, Husisian,
On October 1, 2012, David Schwartz, a Thompson Hine attorney who currently represents GEO, was notified of a "new shipper review" in the Glycine Trade Case, filed by Husisian. See id. ¶ 19; Pl.'s Mem. in Supp. of Mot. for TRO/Prelim. Injunct. ("Pl.'s TRO/PI Mem.") at 4, ECF No. 5-1. Now a practicing attorney at Foley, Husisian had requested a new shipper review on behalf of two Chinese entities, Hebei Donghua Jiheng Fine Chemical Co., Ltd. and Hebei Donghua Jiheng Chemical Co., Ltd. (the "Hebei Companies"), who sought to adjust the antidumping duties to be paid on glycine shipped by the Hebei Companies from China to the United States, as set out in the China Order. See id. ¶¶ 18-20. The following day, GEO insisted that Husisian and Foley withdraw from the representation because GEO remained an "interested party" in the Glycine Trade Case, and Husisian's representation of the Hebei Companies in a new shipper review in the same trade case would be adverse to Husisian's former client, in violation of D.C.Code of Professional Responsibility Rule 1.9. See id. ¶ 23; Pl.'s TRO/PI Mem., Ex. B, ECF No. 5-3. Husisian and Foley refused to terminate the representation, however. See Compl. ¶ 24; Pl.'s TRO/PI Mem., Ex. C, ECF No. 5-4.
On November 8, 2012, nine days after the defendants refused to withdraw from their representation of the Hebei Companies for the second time, see Compl. ¶ 25, Pl.'s TRO/PI Mem., Ex. E, ECF No. 5-6, plaintiff brought the instant action, seeking injunctive relief to prevent Husisian or other attorneys at Foley from representing any entity in the Glycine Trade Case.
A preliminary injunction is an "extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief." Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 22, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). Indeed, the purpose of a preliminary injunction "is merely to preserve the relative positions of the parties until a trial on the merits can be held." Univ. of Tex. v. Camenisch, 451 U.S. 390, 395, 101 S.Ct. 1830, 68 L.Ed.2d 175 (1981).
In deciding whether to grant a preliminary injunction, a court must weigh: (1) whether "the plaintiff has a substantial likelihood of success on the merits"; (2) whether "the plaintiff would suffer irreparable injury were an injunction not granted"; (3) whether "an injunction would substantially
Although "these factors interrelate on a sliding scale
In our Circuit, there is a high standard to establish irreparable harm sufficient to justify injunctive relief. Chaplaincy, 454 F.3d at 297. Indeed, "proving irreparable injury is a considerable burden, requiring proof that the movant's injury is certain, great and actual — not theoretical — and imminent, creating a clear and present need for extraordinary equitable relief to prevent harm." Power Mobility Coal. v. Leavitt, 404 F.Supp.2d 190, 204 (D.D.C.2005) (quoting Wis. Gas Co. v. FERC, 758 F.2d 669, 674 (D.C.Cir.1985)) (internal quotation marks omitted) (emphasis in original); see also Comm. in Solidarity with People of El Sal. (CISPES) v. Sessions, 929 F.2d 742, 745-46 (D.C.Cir.1991) ("Injunctions ... will not issue to prevent injuries neither extant nor presently threatened, but only merely feared.") (internal quotation marks and citations omitted).
Furthermore, "the movant [must] substantiate the claim that irreparable injury is likely to occur." Wis. Gas
Last, it is "well-settled that economic loss does not, in and of itself, constitute irreparable harm" because it is merely economic in character and not sufficiently grave enough to warrant emergency injunctive relief. Wis. Gas Co., 758 F.2d at 674; see also Taylor v. Resolution Trust Corp., 56 F.3d 1497, 1507 (D.C.Cir. 1995). Indeed, "`[t]he possibility that adequate compensatory or other corrective relief will be available at a later date, in the ordinary course of litigation weighs heavily against a claim of irreparable harm.'" Chaplaincy, 454 F.3d at 297-98 (citation omitted). Only where a plaintiff establishes that the economic loss is so severe as to threaten the very survival of its business can economic harm qualify as irreparable. See Wis. Gas Co., 758 F.2d at 674; TD Int'l, LLC v. Fleischmann, 639 F.Supp.2d 46, 48 (D.D.C.2009).
GEO contends that, due to Husisian's former representation of GEO in the Glycine Trade Case, this Court must enjoin Husisian and Foley from representing the Hebei Companies in their new shipper review of the China Order to protect against Husisian's disclosure of GEO's confidences to directly adverse entities in the same or a related matter. See generally Pl.'s TRO/PI Mem.; see also Pl.'s Reply Mem. in Supp. of PI Mot. ("Pl.'s Reply") at 2, 4, ECF No. 17. In essence, GEO argues that, because Husisian "may have had access to — at a minimum — privileged and confidential information relating to GEO's strategy" in the Glycine Trade Case "that could be useful" in the defendants' representation of the Hebei Companies, the defendants will share such privileged information with the Hebei Companies, in violation of Husisian's ethical and fiduciary duties, unless this Court grants injunctive relief. Id. Husisian and Foley counter that GEO's allegations of irreparable harm are, at best, speculative, as GEO cannot demonstrate that Husisian will divulge GEO's confidential information to the Hebei Companies, much less in the near future. See Defs.' Brief in Opp'n to Pl.'s PI Mot. ("Defs.' Opp'n") at 18-19, 21-22, ECF No. 16. In addition, defendants argue that the alleged injury that GEO will incur as a result of defendants' representation of the Hebei Companies is entirely economic, and therefore cannot be irremediable. Id. at 19-21. I agree.
First, I find that GEO has failed to show that, absent injunctive relief, it will suffer irreparable harm for which there is no suitable remedy at law. Put simply, GEO's assertions of impending injury, namely the "invasion or betrayal of the attorney-client relationship" caused by Husisian's disclosure of GEO's confidential information to the Hebei Companies, are far too speculative to support the sort of extraordinary relief that GEO seeks. See Pl.'s Reply at 2; Connecticut v. Massachusetts, 282 U.S. 660, 674, 51 S.Ct. 286, 75 L.Ed. 602 (1931) (injunctive relief "will not be granted against something merely feared as liable to occur at some indefinite time in the future"). Indeed, GEO has provided no evidence whatsoever that Husisian or Foley have shared GEO's proprietary information or knowledge with the Hebei Companies, much less employed such data on behalf of the Hebei Companies in the Glycine Trade Case. See Wis.
Moreover, GEO has failed to demonstrate that, if the Hebei Companies' dumping margins were lowered as a result of the defendants' representation in the Glycine Trade Case, GEO's anticipated loss of revenue and market share would rise to the level of irreparable harm. See Pl.'s Reply at 3-4; Nicely Decl. ¶¶ 81-84; Mylan Pharm., Inc. v. Shalala, 81 F.Supp.2d 30, 42 (D.D.C.2000) ("Courts within the Circuit have generally been hesitant to award injunctive relief based on assertions about lost opportunities and market share."). More specifically, GEO has failed to demonstrate that there is no adequate remedy at law for the potential sales loss that it claims would result, nor shown that GEO's would-be financial shortfalls are incalculable or threaten the very survival of its business.
Having failed to find that irreparable injury would result from a denial of GEO's motion, the Court need not reach the other factors necessary to warrant injunctive relief. See CityFed Fin. Corp., 58 F.3d at 747. As such, GEO has failed to carry its burden of persuasion, see Mazurek v. Armstrong, 520 U.S. 968, 972, 117 S.Ct. 1865, 138 L.Ed.2d 162 (1997), and injunctive relief must therefore be DENIED.
Thus, for all of the above reasons, the Court DENIES plaintiff's Motion for Preliminary Injunction. An appropriate Order will issue with this Memorandum Opinion.