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Internet Business Lawyer & Internet Business Attorney

Legal notices come in many different forms. It could be a demand letter from a lawyer, a “cease and desist” notice, or a DMCA notice. As an internet business lawyer and internet business attorney, we tend to focus on the possibilities. As a businessperson, you tend to focus on the probabilities, evidenced by your willingness to assume some degree of risk in relation to the anticipated rewards. So, while an internet business lawyer and internet business attorney must take every threat of litigation seriously, a small or mid-sized business can make smart business decisions and assume some risk. You make tough business decisions every day, and dealing with a lawyer letter or “cease and desist” notice should be just another business issue to address.

Article by Internet Law Pioneer John Dozier:

Download PDF File Nastygrams: Don’t Let a “Legal Letter” Ruin your Day

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The Internet Business Lawyer Approach

There are several options available. You can ignore the notice, you can respond yourself by explaining your position, you can have your local lawyer deal with it, and you can hire an online internet business attorney specialist to help out.

But how do you get a feel for which route to take? Here are some tips for deciding how to proceed.

  1. Take a look at WHO WROTE THE LETTER. Is it from a business itself, an in-house internet business lawyer, a pre-paid legal firm, a private general practice law firm, or a lawyer specializing in that particular area of law? Rule of thumb: measure the seriousness of the threat by the author. If the complaining party has gone out and hired an internet business attorney specialist, they generally mean business.
  2. Does the communication have attachments and details showing SIGNIFICANT EFFORT INVESTED in composing the letter and evaluating the merits of the claim being asserted? If so, this might very well be a tip for you to take the “cease and desist” seriously, because this indicates that the groundwork for a lawsuit has been completed already. On the other hand, if you get a one page generic “lawyer letter” that is full of allegations and demands that seem both generic and out of place, then you have likely received the infamous word-processed “one size fits all” lawyer letter. Odds are that the later letter will not bring immediate legal action. Of course this is not always true, and the totality of the circumstances are important to consider.
  3. WHO IS COMPLAINING about your conduct? Is this cease and desist letter on behalf of a former employee just looking to live in peace, someone from out of the blue totally unconnected to your industry, or a business competitor? Obviously a complaining party with a significant motive or motivation creates greater risk.
  4. What are the FINANCIAL CAPABILITIES of the complainant? Take a look at the website and do some research. Who is really behind the complaint? Is there a track record of litigation? Remember that lawyers involved in online law don’t often take cases on a contingency basis. Litigation is very expensive.
  5. If you have not MADE MUCH MONEY from the alleged misconduct, it is less likely to become a real issue than if you have been making a lot of money. You know how much you made from the use, for instance, of another company’s famous trademark in your online advertising. If the use of such intellectual property was highly profitable, beware and be prepared because you are more likely to get sued.
  6. Honestly assess how much you have to lose. If you are “judgment proof,” the risk of suit is lower than if you have deep pockets. Many companies and people think that you “cannot get blood from a turnip”. Make sure if you rely on this approach, and just ignore the notices you receive, you honestly know where you stand. Most people do not understand how judgments can be collected, assets located and seized, and websites shut down or seized, and with the new bankruptcy law it is much harder to protect yourself and your assets.

Internet Business Attorney & Internet Business Lawyer

If you have received a letter that concerns you, contact us and we can give you guidance on how to proceed.  Remember, at Traverse Internet Law, we are your internet business attorney and internet business lawyer experts.

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