If you are considering sending a cease and desist letter to stop some sort of harmful conduct, you aren’t alone. Many people use ContractsCounsel’s platform to hire lawyers for help with sending cease and desist letters.
Our team analyzed a large sample of real client responses to questions we ask when posting a project so that we can better understand when and how clients use cease and desist letters.
Wherever you are in the process, this guide will give you a better understanding of issues clients need to think through and other considerations.
Question: What are common issues or violations the cease and desist will address?
Answer: The most common issues that motivate clients to send cease and desist letters include defamation, harassment, and intellectual property infringement.
Common themes clients report include:
- Defamation, slander, libel, and harassment (mostly dealing with social media or workplace issues)
- Intellectual property misuse (misuse of copyright, trademark, trade secrets)
- Breach of contract (mostly non-compete and non-solicitation violations)
- Stalking, cyberstalking, invasion of privacy, and related personal safety concerns
- Other disputes such as false accusations, business interference, and property conflicts
Takeaway: There are a variety of issues that motivate clients to send cease and desist letters. It is important to clearly identify the underlying issue and specific conduct to stop. Being precise about the activity that must stop and the reason it must stop makes letters more persuasive and effective.
Question: Who are the most common parties involved?
Answer: C&D letters are sent mostly to individuals, businesses and organizations. They can sometimes go to multiple types of parties as well.
The most common parties include ex-partners/spouses, family members, neighbors, (former) employees, contractors, clients, competitors, landlords, property managers, and nonprofits. Some matters involve several parties (i.e., business partners plus a company), and occasionally legal representatives or HR appear where workplace boundaries are at issue.
Takeaway: There are many types of parties that can be sent cease and desist letters. Make sure to choose and name the correct entity or individual decision-makers. Figuring out who controls the conduct helps the letter reach the people who can actually stop it.
Question: What is the typical documentation or evidence clients have to support their claim?
Answer: Clients typically have thorough evidence to support their claims, which can typically include emails, texts messages, and screenshots of posts or messages.
The most common evidence clients have are contracts and signed agreements; emails, texts, and other correspondence; screenshots of posts/messages; photos, videos, audio recordings; and witness statements.
Clients also cite police reports, prior cease and desists, court filings, and official records, plus invoices or payment records when relevant.
Takeaway: There are a lot of different types of evidence a client can use. Make sure you gather everything and have it well organized. Citing or attaching evidence to the letter will signal to the other party you are ready to escalate, if needed.
Question: Do clients expect lawyer will need to do additional legal research for the cease and desist demand?
Answer: Most clients do not expect a lawyer to need to do additional legal research.
Most clients believe research isn’t necessary because the violations are straightforward or well-documented on their end. Research can come into play if there are nuanced IP issues or contract clauses.
Takeaway: Many letters rely on clear facts and widely known principles. That being said, sometimes legal research is needed to sharpen the letter and make sure the claim holds up.
Question: What are the most common states receivers reside in?
Answer: Cease and desist letters are sent nationwide, with concentration in states that have larger populations.
The most common states where recipients reside are California, Texas, Florida, and Pennsylvania, with New York, Arizona, Nevada, North Carolina, and Illinois also appearing regularly.
Takeaway: Jurisdiction matters. The recipient’s state can affect tone, strategy, and references to state law or venue, so it’s helpful to know where the letter will land before drafting.
Final Thoughts on Cease and Desist Letters
Cease and desist letters can be a good first step to take to stop harmful behavior. Going to court can involve significant costs, so sending a strong letter with good documentation and a clear objective is important. Make sure your letter is concise, well supported, and sent to the right parties and jurisdiction that can resolve the dispute quickly. Letters can also lay the groundwork for any future escalations.
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