What can we do if you have received a cease and desist letter?
It is our job first to check whether the notice has been issued legitimately and whether there is indeed evidence of misconduct on your part. What happens next is mostly dependent on the outcome of this initial review.
Once this is clarified, we will look more specifically at the content of the declaration of discontinuance or formal obligation with a penalty clause. A modified declaration of discontinuance may usually satisfy both parties and thus settles the dispute without having to go to court.
As a final stage, we will review the costs associated with the warning, which are made up of the following three items:
- Lawyer’s fees
- Assessment costs
After reviewing the individual cost items, we can then determine how promising the situation is, i.e. whether it is worth raising a defence against the notice – together with a declaration of discontinuance or formal obligation with a penalty clause.