Sign Florida Banking Cease And Desist Letter Easy

Industry sign banking florida cease and desist letter easy

Jonathan Pollard and I'm going to talk today about Nandu and specifically about how you can respond to a cease and desist letter in non-compete disputes cease and desist letters represent the first shot firing this is always how a non-compete battle begins you work for a company you leave that company you go to work for a competitor a few weeks later you receive a letter in the mail or be an email from a law firm representing your old employer it tells you you have a non-compete agreement that agreement is attached you have breached that agreement and we are going to sue you unless we stop it when you're faced with that situation when you're faced with the season desist letter you have three basic options for maybe other options but these are the three basic ones I'm going to go through each of these and give you some of the pros and cons for each of these approaches option one you can do nothing sit tight see what happens option two you can write a letter back basically rebutting what they've laid out in their cease and desist letter an option three you can sue first and seek a declaratory judgment but let's take option one option one sit tight do not think and see what happens whether or not this is a wise course of action to simply do nothing and see what happens really depends on the specific facts of your case if you are a low-level employee or rather were a low-level employee at the previous company there is a chance that they're simply firing off a cease and desist letter to scare you there is a chance that they really will not go through the trouble and expense of filing a lawsuit and litigating the case particularly to be candid if they know that you do not have the money to pay a judgment to settle to satisfy a judgment if you were a low-level employee they may simply say we're gonna try and scare them with the cease and desist letter see what mileage we get out of that and then we're going to go away that's a possibility but many of the clients I represent they are not low-level employees they are higher-level employee they are vice presidents presidents management directors these are people who are likely to know corporate secrets inside information people who have valuable contacts with clients these are situations in which if you sit tight if you wait and see what happens you will most likely be facing a lawsuit so option one this is always on the table you can simply sit tight wait and see what happens if you choose this course of action you have to be prepared to accept the consequences some people at first blush think this is the cheapest option because they don't have to shell out any money upfront on legal fees they're not paying an attorney they're not doing anything they're simply waiting to see what happens that is a short-sighted view of cost if you have gone to a competitor and you have any type of higher level position there is a a real risk that the filing of a lawsuit over your non-compete agreement could jeopardize your relationship with your company it could jeopardize your employment you could jeopardize your new job it might scuttle deals that you're working on it might injure your reputation in the industry so there are costs here the costs are not just in terms of attorneys fees there are also costs in terms of dealing with litigation dealing with fallout in your employment relationships dealing with deals being scuttled you have to take all these things into account and realize that simply doing nothing is not necessarily a cost-free option but doing nothing is indeed the first option on the table the second option and one that I often recommend clients to pursue is to write a letter back in response to the cease and desist letter this again depends on the facts and circumstances of your case if you are in a solid to strong position on the case long on the facts then you can write a letter back in response to their cease and desist and you can say I will not cease and desist I am not violating my agreement or the agreement is unenforceable I often recommend this course of action for a number of reasons in many instances a former employer fires off the cease-and-desist letter or their counsel fires off the cease and desist letter without really considering the merits of the case they do this for reasons tied up with emotions personal vendettas things of this sort and they haven't really taken the time to sit down look at the law understand the relevant cases and understand whether or not the non-compete will be enforced if you can respond with a letter saying I am in receipt of your cease and desist letter you were wrong for the following reasons I am NOT going to stop working for this new company because you're not compete agreement is unenforceable if you could do that write a compelling two or three page letter back that will in many instances resolve the entire situation some people think that sounds fantastic we're too good to be true but in my experience a letter in response to a cease and desist letter is often the most effective course of action you point out the holes in their case you point out the flaws in their position and from a from a corporate council perspective from a business judgment perspective nobody wants to get involved in a losing non-compete case if you are a company and your former employer has enough former employee rather has a non-compete agreement you do not want to pursue mitigation unless you know you have the upper hand particularly when non-compete agreements has written and in Florida the statute as written contained provisions awarding the winning party attorneys fees so from a business perspective you do not want to waste the time you do not want to waste the money on not 2p litigation unless you know you are in a strong position and if you were entertaining the prospect of non-compete litigation and fire off the cease and desist letter and in response you receive really just an absolute you know a piece of work that says you're wrong and you're going to lose and it points out the reasons and it's corrected it's compelling and it's legally accurate that's gonna make you think twice and in that instance many companies many corporate counsel will simply back down you hear nothing else about it the third option that in the most aggressive option is to sue first and seek a declaratory judgment this is only an option you can pursue if you are in a particularly strong position on the facts and on the law to give you an example you've left the company you're going to work for a competitor you are in a completely different role so you went from being in you know some type of technical position to being in some type of sales position you're not going to use any of the information from your old company indeed it's unclear whether you even had any information from your old company you are not soliciting customers you are not soliciting clients you're in a strong position you know you can win the law was on your side if that's the case then in some instances there is a great deal of utility to suing first again you want me to do that if you're in a strong position but sometimes if you have a new job you're given a new company you're in a high-level position your new position is very important it's very important within your new company they don't want to get bogged down a non-compete litigation and you want to wrap this up as quickly as possible sometimes in that instance the most dividable course of action is to affirmatively sue first because that says to your former employer that you're not playing games you're not messing around you are in a strong position on the law so much so that you were willing to fire the first shot in the courtroom you were willing to seek an injunction literally you're willing to seek a declaratory judgment holding of the non-compete agreement is unenforceable many times in that instance if you're in a strong position and you sue first the former company is simply going to come to the table and they're gonna wrap it up neatly they're going to agree they're not defeat agreement is unenforceable and they're going to agreed to pay your attorneys fees so those are your three options you can sit tight you can do nothing you can send a letter back in response pointing out the flaws in their position or if you are in a particularly strong spot you can sue first and seek a declaratory judgment Jonathan Pollard not compete an antitrust lawyer in court they'll fly