Sending & Responding to Breach of Contract or Cease & Desist LettersBy James Blake on
Sending or receiving a demand letter can be an emotionally charged experience with many opportunities for mistakes when you don’t consult experienced legal counsel. If you’re the victim of a breach of contract or intellectual property infringement, a business attorney or intellectual property lawyer can help advise your claims and position you to achieve your goals. If you receive a cease and desist letter or breach of contract notice, it’s helpful to engage a breach of contract attorney to make sure that you respond properly and prevent unnecessary escalation of legal action.
Sending Notice for Breach of Contract or Cease and Desist
Before you send a breach of contract notice or cease and desist letter, pause and think about your relationship with the other party. If you know them and there’s been cooperation in the past, a friendly phone call or email can sometimes achieve your goal diplomatically, without “pulling out the legal guns”. At this intersection, it’s often best to avoid making specific threats of legal action. If you don’t have an established relationship, or if the relationship has soured, it’s advisable to speak with a Texas business attorney who can review your claims, provide expert opinions on the strength of your claims, and forecast possible outcomes for different courses of action.
Responding to Cease & Desist or Demand Letters
Small business owners and entrepreneurs who receive a cease and desist letter or a breach of contract notice often react in a quick an hostile way. Two of the most common mistakes made include:
1. Responding to the letter on your own – often in an angry tone, often providing too much information and false or misleading information, and often making poorly articulated legal threats or even threats that amount to criminal extortion.
2. Waiting too long to engage an attorney to advise and represent you.
Both of these mistakes put you in a bad position. The best thing to do after receiving a demand letter, cease and desist, or notice of breach of contract, is to contact a corporate attorney to discuss the merits of the claims and the best strategies for protecting your interests.
Our law firm advises clients in various business disputes and commercial litigation matters, including Texas breach of contract law, Texas debt collection, intellectual property infringement, and more. Contact us today to speak with a Texas business lawyer.
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