Houston Cease and Desist Letter Attorneys

Houston Attorneys Helping Texas Businesses Send & Respond to Demand Letters

A cease and desist letter, or demand letter, is a written demand that tells someone to stop a specific action immediately or face legal consequences. It is not a court order, but it is often the first and most effective step before filing a lawsuit. The letter serves as a warning that the recipient must stop their behavior immediately or face legal action.

Cease and desist letters are often used in cases involving violation of a non-compete or non-solicitation agreement, copyright infringement, trademark infringement, defamation, breach of contract, and other types of legal disputes. They are usually sent by lawyers or other legal representatives on behalf of their clients.

If you have questions about sending a demand letter or if you have received one, call Hendershot Cowart P.C. today at (713) 783-3110 to schedule a consultation.

On This Page

• What Is a Cease and Desist Letter?
• Is a Cease-and-Desist Letter the Same as a Court Order?
• Can I Send My Own Cease and Desist Letter Without a Lawyer?
• Is a Cease and Desist Letter Legally Binding?
• When Should You Consider Sending a Cease and Desist Letter?
• What Are Common Reasons to Send a Cease and Desist Letter
• What Happens if My Cease and Desist Letter Is Ignored?
• What Should You Do If You Receive a Cease and Desist Letter?

What Is a Cease and Desist Letter?

A cease-and-desist letter is different from an order. An order, such as a court-ordered injunction, is a legal order to do or cease doing a specific action. A letter merely contains the opposing attorney’s legal opinion; it is not enforceable. The letter may also contain a warning to the recipient that the sender will take legal action if the prohibited action does not cease.

Cease-and-desist letters may allege that the recipient:

• Misappropriated trade secrets
• Infringed on a copyright or trademark, or permitted others to infringe on copyright via their platform
• Violated a non-compete or non-solicitation agreement
• Committed tortious conduct (a civil wrong for which courts may impose liability)
• Committed slander, libel, or defamation
• Breached a contract

Often, we see a cease and desist letter sent to an employee by a former employer alleging the violation of a non-compete, non-solicit, or other agreement. In other typical cases, a media company, individual, or entity may send a cease-and-desist letter to another party that is using their intellectual property or taking credit for their work.

There are usually five components to a cease-and-desist letter:

1. Identifying information about the parties involved
2. A description of the alleged harmful activity
3. A formal demand for the behavior to stop
4. A warning of potential consequences should the activity continue
5. The time limit for compliance

Is a Cease and Desist Letter the Same as a Court Order?

No, a cease and desist letter is not the same thing as a court order. Instead, the letter acts as a warning to an individual or business to stop certain actions. It is typically seen as a first step before taking legal action.

A court order or injunction, on the other hand, is a court action levied against a party to compel them to stop performing some harmful activity. Unlike a cease-and-desist letter, a court order is legally enforceable.

To obtain a court order, a lawsuit must be pending in court over the property or action in question, and the party seeking the ordered injunction must request a hearing before a judge. At that hearing, the judge may or may not issue the court-ordered injunction.

In Texas, some injunctions are issued by the court on an emergency basis – called a Temporary Restraining Order, or TRO, which lasts 14 days. Each jurisdiction may have its own local rules governing injunctive relief; however, in general, the defendant does not have to be present at this hearing. During these 14 days, the party seeking to stop the damaging behavior may request a Temporary Injunction (TI) hearing to prevent further harm and preserve the status quo for the duration of the litigation.

Learn more about the injunctive relief process in Texas.

In Texas, notice of court orders is delivered via personal service or service by registered or certified mail, with return receipt requested. Court orders are issued by a court of law, not by the opposing party’s attorney.

Can I Send My Own Cease and Desist Letter Without a Lawyer?

Anyone may draft and send a cease and desist letter. However, civil matters are complicated, and a cease and desist letter is considered a warning shot before entering litigation. You should consult a business or civil litigation attorney before acting.

Our Texas demand letter attorneys can review any underlying agreements or applicable law, advise if your rights have been violated or laws broken, and the legal remedies available to you. If you and your attorney do decide to send a cease and desist letter, include the legal foundations for your demand in the letter to put you in a stronger position and lessen the likelihood that your demand is treated like an empty threat.

The benefits of working with an attorney before sending your cease and desist letter include:

• Guidance on the current legal situation, including exploring all your legal rights and options
• Help with drafting, reviewing, and serving a legally sound cease-and-desist letter
• Engaging an experienced attorney to send the demand letter shows you are serious and ready to take action to defend your rights
• Representation when negotiating with the other party
• Representation with future-related legal matters, including requesting a restraining order or filing a lawsuit

Is a Cease and Desist Letter Legally Binding?

No, a cease and desist letter is not legally binding – only a court order can compel someone to stop.

If you send an individual or business a demand letter and they ignore it, the next available action is to either let the matter drop or file a lawsuit and request a court order demanding that the injurious behavior stop.

When Should You Send a Cease and Desist Letter?

Depending on the issue, a cease and desist letter can be a good option to resolve a dispute quickly and peacefully. It can lead to negotiations that settle the matter without involving the courts.

A demand letter also demonstrates that you gave the other party notice of your grievances. If they ignore you, it is proof that the other party knowingly and willfully continued the disputed behavior. They can no longer claim that they were unaware of the alleged violation.

What Are Common Reasons to Send a Cease and Desist Letter?

Common issues in which sending a cease-and-desist letter may be appropriate include:

• Copyright or trademark infringement
• Violations of a non-compete agreement
• Violations of a non-solicitation agreement
• Breached business contracts
• Slander, libel, and/or defamation
• Harassment

However, before sending a cease-and-desist letter, consult with your attorney to be sure that you understand the legal ramifications of doing so.

What Happens if My Cease and Desist Letter Is Ignored?

If your letter is ignored, the next step is to file a lawsuit and ask the courts for a temporary restraining order to stop the prohibited activity immediately and prevent further damage to your business and reputation. You can also pursue financial damages or other remedies to repair the damage done to your business by the defendant.

What Should You Do If You Receive a Cease and Desist Letter?

If you receive a cease and desist letter, don’t panic, and don’t ignore it. Even if the allegations are unfounded, you should review the letter with a Houston demand letter attorney to make an informed decision.

Here are some options your attorney may recommend:

• Respond with a refusal or request for further information
• Comply with the letter’s demands
• File for summary judgment (a pre-trial motion asking the judge to rule based on undisputed facts)
• File a preemptive lawsuit

Never attempt to respond or retaliate against a cease and desist letter without legal guidance. Any response, such as taking your grievances to social media, can be “discoverable” – meaning it can be used as evidence against you should the matter end up in litigation.

At Hendershot Cowart, P.C., we have the knowledge and experience you need to understand and respond to a demand letter. Our team of attentive legal professionals can determine the legitimacy of the claim, explain the implications, and recommend a strategy based on your objectives.

To discuss a demand letter with a Houston attorney, contact our law firm online or call (713) 783-3110 today.