should i reply to a cease and desist letter

I agree with Mr. LeJune and would like to add the following: You may have also signed a no solicitation (of customers, vendors employees)or a non-disclosure/confidentiality agreement or acknowledged such policies when you signed for a handbook, stock options or even when you logged on to a company computer.
In Texas, even if you did not sign a confidentiality agreement, you cannot walk off with and use confidential or trade secret info (i.e., customer lists, pricing info etc. (even if used in another industry) without exposing yourself to possible liablity.
It is important that all the relevant documents be reviewed by an attorney who is current in this area of the law before you admit or deny anything in writing to the company. The legal fees for reviewing such documents will be far less than the cost of defending against an injunction and trial. As a board certified labor and employment lawyer, I have been hired as an expert by other attorneys to advise on such cases, and I have seen such cases cost employees over $15,000.00 in the first two months of litigation.

posted by Jill J. Weinberg  |  Aug 10, 2009 08:37 AM [EST]

You may have signed the non compete agreement when you first went to work for the company, and not remember it. Or, the company has made a mistake. But you don't know which.

I would send a letter to the person who signed the C&D letter asking to be provided the non compete agreement to which it refers.

I would not admit or deny that I am "competing" in this letter; just ask for a copy of the document.

Dana Andrew LeJune
Board-Certified, Civil Trial Lawyer
3006 Brazos
Houston, Texas 77006
713.942-9898
"Zealous Representation"
WWW.TRIALLAWYERS.NET

"Unless you become more watchful in your States and check this spirit of monopoly and thirst for exclusive privileges you will in the end find that the most important powers of Government have been given or bartered away, and the control of your dearest interests have been passed into the hands of these corporations." -- President Andrew Jackson

posted by Dana LeJune  |  Aug 9, 2009 4:03 PM [EST]