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A company has threatened to sue my software company. Need…

A company has threatened...

A company has threatened to sue my software company. Need advice.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps have you taken so far?

Nothing. I got a letter on my support email address. The letter is addressed to one of their former employee that he stole his secret. I have not worked with him. My so did work with them 4 years ago. I developed the product my self has has nothing to steal from his product. My company product is similar just like yahoo and google !

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. That is it

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Answered in 7 minutes by:
3/24/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,613
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your civil litigation question this evening. I'm attorney Bill offering assistance and support to your dilemma today.

A threat to sue is in itself not an obligation to pay so you can still negotiate the debt, refuse to pay or agree ona settlement.

If you have a copy of the letter of intent I can review this as an additional premium service just let me know.

You can submit is here as an additional service.

You aren't obliged to reply to their letter but you can reply refusing their claim or counterclaiming yourself for attorneys fees and other costs.

We are here to help so please follow up with me as required.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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Customer reply replied 3 months ago
Email content:Dear Mr. Fennel,
A demand to cease and desist unlawful activity sent on behalf of Lightwork Solutions, Inc. d/b/a/ Pixel Film Studios is attached. A hard copy will follow by mail.
Sincerely,
Daniel Richards
http://clients.bbklaw.net/images/logos/bbklogohires.jpg
Daniel Richards
Associate ***@******.***
T:(###) ###-####
www.BBKlaw.com http://clients.bbklaw.net/images/logos/LinkedIn-rescaled.jpg http://clients.bbklaw.net/images/logos/Twitter_logo_white.jpgThis email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.

Yes, I just made an offer to review your letter.

Please accept this offer to allow the review.

Thanks

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,613
Experience: Attorney
Verified
Bill Attorney and 87 other Legal Specialists are ready to help you
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Dear Customer ,

Thank You for accepting my offer. I will now proceed to the review of the letter.

What are your specific concerns in relation to the letter ?

Thanks

Attorney Bill

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Customer reply replied 3 months ago
My concern: I am new interprenuer - want to do Honest business. These mean people want to kill my business. I am software engineer and work at Apple as contractor. Need justice that these type of greedy people should not hurt me. Do not want to stop my site that I developed with hard work.

The cease and desist letter claims and represents that you breached a non-compete in your contract of employment and termination agreement and also a violation in approaching and/or contracting with a prior company client.

Non-compete and confidentiality clause are generally upheld by the courts to protect the employer-employee relationship to facilitate the hiring of employees without compromising the business entity.

These clauses need to be geographically limited and reasonable to be enforceable in a court.

You should examine your termination and prior contract to ensure you have fulfilled your contractual promise and now not open to civil liability.

A full reading and examination of these prior agreements should be read in context with this civil demand letter.

Best

Attorney Bill

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Customer reply replied 3 months ago
I was never an employee of this company. My son (not Fennel) used to work at this company 4 years ago. My is not really involved with any client of his company. I and my son individually are not referenced at all in the conversation. Please advise what we should do !
Customer reply replied 3 months ago
I am waiting for the response!

Thank You for your patience in waiting for me to get back to you. The letter clearly states that you were a past employee of P**** so if this is a bogus statement the entire claim and letter is unfounded and without any merit.

The letter also seems far reaching in that it includes unfair competition and licensing.

It could be a case of mistaken identity or bogus claim against you as you stated you were never an employee of the company. This could be outlined in your response if you are treating this letter seriously.

Best

Attorney Bill

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Customer reply replied 3 months ago
Thanks Bill for looking into the letter so precisely.
My concern is:
1. The primary motive of this company lawyer seems to shut down my company as I make the competitive product same has yahoo and google makes same search engine. South west and American air lines both carry passengers.
2. I do not copy anything from this company and has no idea who is their client.
3. My son (Not referenced in this letter at all) did work at this company 4 years ago. As letter claims they did try to reach me, I never received any communion.4. The letter is asking to go ahead with sue process if I do not shut down my web site.5. Some of the expenses like buying the site account , I asked my son to pay - I am afraid if court case moves forward - they may implicate my son who is software developers at other company.6. Should I shut down my site & what would you recommend me to do !

This letter wouldn't stand up well in court if all the facts of the infringement are misstated so don't see how they could sue after sending such an erroneous letter to you.

This is going to be something you will show the court and move for dismissal of the claim.

You could respond strongly contesting their assertions giving them no chance to recover and for them to be liable for your attorney's fees.

In addition to the non-existent non-compete agreement they refer to an equally non-existent licensing agreement that you signed with them.

It isn't possible to serve a complaint on you when the proper defendant is your son.

They would need to send the letter to your son, you aren't obliged to correct any or all of their mistakes.

Best

Attorney Bill

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Customer reply replied 3 months ago
Thanks Bill, the issue is resolved.

Your welcome

Attorney Bill

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