## Facts

- EMSL Analytical, Inc. operated an environmental testing laboratory offering, among other services, environmental microbiology testing.
- Diane R. Younker was hired in 2002 as a Microbiology Laboratory Manager and signed an employment agreement containing nondisclosure language and a restrictive covenant.
- The agreement stated EMSL would disclose confidential information and/or trade secrets to Younker, and Younker agreed not to disclose such information.
- The agreement also restricted Younker, during employment and for twelve months after termination (or after a final injunction), from (1) engaging in certain environmental laboratory activities within Texas and Louisiana and (2) working for any EMSL customer within those states.
- EMSL asserted it provided Younker access to confidential materials, including a customer database and laboratory manuals (quality assurance and standard operating procedures).
- EMSL performed microbiology testing for Lockheed Martin Space Operations, a customer, and Younker supervised and performed work on that project.
- In 2004, Younker resigned and began working for Lockheed at the Johnson Space Center.
- Younker testified, without contradiction, that she did not disclose EMSL’s confidential information and that her Lockheed duties differed; Lockheed did not operate a microbiology laboratory.
- EMSL sued for breach of contract and sought a temporary injunction to prevent Younker from working for Lockheed, arguing her position created a risk of disclosure.

## Issues

1. Whether the trial court abused its discretion by denying a temporary injunction where the employer alleged a risk of future disclosure of confidential information based on a former employee’s employment with a customer.
2. Whether EMSL proved a probable, imminent, and irreparable injury absent injunctive relief, as required for a temporary injunction.

## Decision

- The court of appeals affirmed the order denying EMSL’s application for a temporary injunction.
- The court held EMSL failed to show a probable, imminent, and irreparable injury because its asserted harm depended on speculation that Younker might disclose confidential information in the future.
- The court relied on evidence supporting the trial court’s ruling, including the absence of any actual or threatened disclosure, Younker’s different job duties, and Lockheed’s lack of a microbiology laboratory.
- The court did not decide the ultimate enforceability of the restrictive covenant or the merits of the contract claims; the appeal concerned only temporary-injunction requirements.

## Legal Principles

- A temporary injunction is an extraordinary remedy intended to preserve the status quo pending trial.
- To obtain a temporary injunction, the applicant must establish (1) a probable right to recovery and (2) a probable, imminent, and irreparable injury for which there is no adequate remedy at law.
- Injunctive relief will not issue to prevent speculative or conjectural injuries; fear of possible future harm is insufficient.
- On interlocutory review, denial of a temporary injunction is reviewed for abuse of discretion, and the ruling will be upheld if supported by some evidence.

## Conclusion

The court upheld denial of temporary injunctive relief because the employer offered no evidence of actual or threatened misuse of confidential information and therefore failed to prove imminent irreparable harm, making its claimed injury too speculative to justify an injunction.


EMSL Analytical, Inc. v. Younker, 154 S.W.3d 693 (Tex. App.—Houston [14th Dist.] 2004)