Domingo J. Rivera was selected as one of the Top 100 Trial Lawyers by the National Trial Lawyers Association. Membership into The National Trial Lawyers Association is by invitation only and is limited to the Top 100 Trial Lawyers from each state. Selection for The National Trial Lawyers Association is extended to civil plaintiff and […]
Cease and Desist Letters: Balancing the Punishment for Bad Faith Against the Punishment for Bad Letters
There is no doubt that cease and desist letters serve a very important purpose in the litigation process, particularly in legal matters related to the Internet. Many causes of action have bad faith as either an essential element or a factor that increases damages.
A party’s refusal to correct its acts after receiving a legitimate cease and desist notice can be interpreted as a sign of bad faith. Although a recipient of a cease and desist notice has
every right to decline pre-litigation requests without adverse consequences, he must do so in good faith. Good faith means a …