Playup, Inc. v. Laila Mintas

facts and allegations, we recite only those necessary to our decision. We have

jurisdiction under 28 U.S.C. § 1292(a)(1). We affirm.

The primary allegation by PlayUp is that Mintas breached her employment

agreements by making disparaging comments about PlayUp, its parent company,

and the parent company’s CEO during negotiations for a potential acquisition by a

third party of PlayUp’s global business. PlayUp contends that Mintas made those

comments to gain leverage in her own negotiation for renewal of her expiring

employment contract, but that the result was that the potential buyer withdrew and

the acquisition was not concluded.

In general, we review the denial of a preliminary injunction for abuse of

discretion. All. for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir.

2011). A district court abuses its discretion when its decision is based on “an

erroneous legal standard or clearly erroneous finding of fact.” Id. (citations

omitted).

“A plaintiff seeking a preliminary injunction must establish that [it] is likely

to succeed on the merits, that [it] is likely to suffer irreparable harm in the absence

of preliminary relief, that the balance of equities…