It usually arrives without warning. A letter with a law firm’s letterhead at the top, and somewhere in the first paragraph, the words “cease and desist.” There’s a list of things you’re accused of doing. There’s a demand to stop. There’s a deadline. And there’s a threat, stated or implied, that if you don’t comply, the next thing you receive will be a lawsuit.
Your first reaction is probably some mix of anger and alarm. Maybe the accusations are flat wrong. Maybe there’s a kernel of truth wrapped in exaggeration. Either way, you’re now holding a document that demands a decision from you, and the clock is ticking.
Here’s the good news: a cease and desist letter is not a lawsuit. You have options, and you have time to use them well, if you act deliberately.
What a Cease and Desist Letter Actually Is
A cease and desist letter is a formal demand that you stop a specific activity, sent by someone who claims that activity violates their rights or causes them harm.
Common triggers include:
- Alleged defamation (something you or your company said or posted),
- Trademark or other intellectual property claims,
- Alleged breach of a contract or non-compete,
- Claims that your conduct is interfering with someone else’s business
Two things to keep in mind:
It is not a court order. No judge has ruled on anything. The letter is one side’s version of events, written by an advocate whose job is to make their client’s position sound airtight. It carries no legal force on its own.
It is often the first step toward a lawsuit. The letter creates a paper trail. If the dispute ends up in court, the sender will point to it as proof that you were put on notice. How you respond, or fail to respond, becomes part of that record.
“If the letter gets ignored and the conduct doesn’t stop, the lawsuit is the next thing that shows up. That’s not a scare tactic. That’s just the sequence.”
– Marlon Griffith
What To Do
1. Read It Carefully and Note the Deadline
Before anything else, understand exactly what you’re being accused of, what conduct they want stopped, and what date they’ve given you to respond or end the conduct. The specifics matter, because it will dictate your response.
2. Preserve Everything
Keep the letter, the envelope or email it came in, and every document, contract, post, or communication related to the underlying dispute. Don’t delete, edit, or “clean up” anything, even material you think looks bad. Altering or destroying potential evidence can turn a defensible situation into a serious one.
3. Hire Competent Legal Counsel Before You Respond
This is the single most important step. An experienced business litigation attorney will critically assess the validity of the threat: whether the claims have a real legal basis, whether the demands are reasonable or enforceable, and where the strengths and weaknesses of your position sit.
You cannot make a good decision about complying, negotiating, or pushing back until someone has made that assessment.
4. Evaluate the Substance, Not Just the Tone
Cease and desist letters are written to sound threatening. Some are backed by legitimate claims. Some are pure intimidation, sent because the other side hopes you’ll fold. Your attorney’s job is to separate the two.
Sometimes the right answer is to stop the conduct. Sometimes it’s to negotiate. Sometimes it’s to refuse and stand your ground.
5. Let Your Attorney Make First Contact
The initial communication with the opposing party can make all the difference in how the dispute unfolds. A measured, strategic response from counsel sets a very different tone than an emotional reply from the recipient, and it avoids handing the other side statements they can use against you later.
What NOT To Do
Don’t Ignore It
Ignoring the letter is the most dangerous decision. It doesn’t make the dispute go away. It hands the sender a stronger narrative for court: we warned them, and they did nothing.
Every legal notice should be taken seriously and reviewed with an attorney promptly, even if you’re confident the claims are baseless.
Don’t Assume You Have to Comply
The opposite mistake is just as costly. The letter came from a bigger company, a bigger law firm, maybe even a government agency, and it’s tempting to conclude that resistance is pointless.
But remember: A demand is not a ruling, and there may be valid defenses or negotiating leverage the sender is hoping you never discover.
“Just because the entity on the other side of that letter has more resources than you doesn’t mean they’re right. Resources don’t dictate rightfulness. Your rights and the law are not always aligned with who has the deeper pockets. That’s the whole reason my firm exists.”
– Marlon Griffith
Don’t Respond On Your Own
Don’t call the sender to “clear things up.” Don’t fire off an email explaining your side. Don’t respond to the attorney who signed the letter.
Anything you say or write, however reasonable it feels in the moment, can become evidence. Admissions made in a five-minute phone call have sunk positions that were otherwise defensible.
Don’t Take the Fight Public
Posting about the letter on social media, or responding to the underlying dispute online, is throwing gasoline on it. If the claim involves defamation, new posts can become new claims. Stay quiet publicly while your attorney works privately.
Don’t Escalate the Underlying Conduct
Until counsel has evaluated the claims, don’t double down on the activity in question out of spite. If the claim turns out to have merit, any conduct that continues looks willful, and willful is expensive.
“The letter is designed to make you react. The people who come out of these situations well are the ones who don’t react, they respond. There’s a difference. Reacting is emotional and fast. Responding is strategic and on your timeline, with somebody in your corner who has seen this before.”
– Marlon Griffith
What Happens If You Ignore It Anyway
If you set the letter aside and the conduct continues, the sender’s next move is typically to file a lawsuit, and now you’re not choosing your timeline anymore, the court is.
You’ll face a deadline to formally answer the complaint, and the letter you ignored becomes Exhibit A. Everything gets more expensive, more public, and harder to unwind than it would have been at the letter stage.
That’s why the letter stage matters so much. It’s the moment when you have the most options and the most control. Handled well, many of these disputes resolve without a courtroom ever getting involved.
You Don’t Have to Face Goliath Alone
At Griffith Law Group, we’ve spent decades standing up to bigger companies and government agencies on behalf of small and midsize business owners. We’ve been on both sides of these letters, which means we know exactly how the other side thinks, what their letter is really trying to accomplish, and where the pressure points are.
If a cease and desist letter is sitting on your desk right now, the clock started when it arrived. Bring it to us before your deadline passes, and we’ll walk you through your options while you still have all of them.
Contact The Griffith Law Group
Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with The Griffith Law Group PLLC. Every situation is unique, and you should consult with a qualified attorney to evaluate the specific facts of your case before taking any action.