Defamation: Cease and Desist Letter (Commercial Litigation)

by Practical Law Commercial Litigation

A Standard Document providing a comprehensive template for drafting a cease and desist letter addressing defamation in commercial litigation. This Standard Document includes essential drafting notes that outline the necessary components of a defamation claim under state law, emphasizing the importance of tailoring the letter to the specific facts and jurisdiction involved. It guides legal professionals on effectively notifying the defaming party of their conduct, articulating legal claims, and setting forth demands for retraction and cessation of defamatory statements. It advises on the strategic considerations of tone, delivery methods, and potential settlement discussions, while also highlighting the risks and benefits of sending such a letter before litigation. This Standard Document also contains sample language for a reservation of rights to ensure all legal remedies remain available to the injured party. This template serves as a valuable tool for legal counsel seeking to protect clients from defamatory actions by others, aiming to stop the conduct and potentially avoid costly litigation.