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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 am a satellite retailer. One of my sales reps made a ...

Customer Question

I am a satellite retailer. One of my sales reps made a flyer that said a certain cable co. is going out of business when everything goes digital in 2009. This turned out to be not true. My rep circulated about 50 flyers with the misinformation. The cable co. got the flyer and is now threatening to sue. They first asked that we cease the circulation of the flyer and send out a corrective one. We got with an attorney which told us not to admit anything. He said to just circulate a flyer that apologized for the misinformation. We did that. The cable co. does not accept our corrected flyer and is now asking that we send out another one to their specifications and circulate it in the local newspaper. They are still threatening to sue. How can we resolve? What is the likelihood of being sued over this?
Submitted: 9 years ago.
Category: Business Law
Expert:  rvlaw replied 9 years ago.


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.



This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

rvlaw and 2 other Business Law Specialists are ready to help you
Customer: replied 9 years ago.
Reply to rvlaw's Post: Our attorney says we should not speak to the cable co.'s attorney directly. Should we use another attorney to negotiate the general release if we think our attorney is out to make legal fees?
Expert:  rvlaw replied 9 years ago.

Yes. Mine seems like an easy solution


Customer: replied 9 years ago.
Thanks so much for the advice. We really appreciate it.
Expert:  rvlaw replied 9 years ago.
My pleasure
Customer: replied 9 years ago.
Ok. Thanks.