Bar Exam Uniform Quiz
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CIVIL PROCEDURE
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A software developer left her job at a large tech firm and started her own company. Her employment contract contained a non-compete clause. The tech firm sued her in federal court and moved for a preliminary injunction to prevent her from operating her new business. At the hearing, the developer argued that the non-compete clause is overly broad and unenforceable under state law. The court found that the legal questions regarding enforceability were complex and the firm's likelihood of success was only about 50/50.
Despite the firm's uncertain likelihood of success, which finding would most strongly support the court's decision to grant the preliminary injunction anyway? Select one.
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