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rvlaw
rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience:  NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
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I own a satellite co.One of my sales reps made a flyer that ...

Customer Question

I own a satellite co.One of my sales reps made a flyer that said a cable co. is going out of business.This turned out to be not true. My sales rep distributed no more than 50 flyers.The cable co. got the flyer and is threatening to sue.They asked us to make a corrective flyer and circulate through town.We did that and sent them a copy.They don't accept our flyer, they now say we need to circulate a flyer in the local paper to their specs. They are still threatening to sue.We got with an atty.He says not to worry because they have no damages to sue for since they have not lost subscribers and have not lost their contract with the town.He says not to publish something that could be an admission of guilt because the cable co. is treating this like a criminal matter even though it is not.The mayor of the town recevied the flyer and cable co. is throwing a fit.Our atty. has now offered to send letter to mayor.We are waiting on cable co response.What is likelihood of suit?Possible outcome?
Submitted: 6 years ago.
Category: Business Law
Expert:  rvlaw replied 6 years ago.

Hi,

I answered mutliple questions when you posted this on 5/13. Did you not get them. If not, I can summarize here. Please let me know.

Rich

Customer: replied 6 years ago.
My latest post today is an update on the case. My attorney has told cable co.'s attorney that we are reluctant to circulate the flyer they want in the paper because it could leave us wide open for a lawsuit from cable co. and also local authorities that the case was reported to. Cable co. complained that the mayor got the flyer. My attorney offered to write a letter to the mayor instead of cirulating the flyer they want. Cable co.'s attorney says he will talk to cable co. CEO and see what he says. We await a response. I feel very nervous that they will go ahead and sue without trying to work anything else out. Our attorney does not seem worried because he says they have no damages to sue for and if they do sue, we will take the 25 people that we went out and gave the first corrective flyer to into court so they can testify we held up our end of the bargain on trying to set the whole thing right...our attorney says, "and that will be it...I'm not going to waste anymore time on this". I don't know if what my attorney is telling me is right. Is he justified in his thinking or is he trying to get us into court with the cable co. to collect legal fees?
Customer: replied 6 years ago.
Have you had a chance to read my update? I just want your honest opinion and I will accept your answer. Thanks.
Customer: replied 6 years ago.
Why do you think likelihood of suit is high? My attorney says there are no damages to sue for.
Expert:  rvlaw replied 6 years ago.

My prior post:

High likelihood of suit. Unless there is something totally unacceptable in their notice, publish it in return for a general release that they NOT bring suit. Your lawyer, I think, is PERHAPS looking to make legal fees representing you in the suit.

Why? Because you sent a flyer with misinformation to begin with.

Your lawyer has a different strategy. He says "sit back and wait and maybe they won't bother to sue" It simply is different from my take as a trial lawyer for over 30 years. I would tell you to do the deed.(new flyer)...and get the general release. Then you won't have to worry about "maybe they'll sue anyway". Your attorney is not as aggressive as I. I am NOT passive.

Rich

Customer: replied 6 years ago.
Ok. Thanks very much.

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