Cease and Desist Notification Letter

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Summary
A Cease and Desist letter is generally the best first step a complaining party should pursue upon notice of actions or conduct in derogation of an existing agreement. The letter should set out the nature of the misconduct, the law pertaining to such misconduct, the formal demand cease and/or cure the misconduct, and the legal consequences for not doing so.

The Salutations & Opening Paragraph
The opening paragraph should specifically describe the action(s) prohibited by the contract.

The Statutory Mandates
Be careful! There may be a statutory provision directly related to the breach you are describing. Thus, you may have a different standard of conduct that applies to your particular set of circumstances depending on the law that applies in your State and the context of the breach.

The Demand
This paragraph should specifically request that the breaching party immediately cease and desist from any and all activity in violation of the said contract and outline the damages otherwise available in lieu of compliance. These usually include claims of compensatory damages for breach of contract and claims of compensatory and punitive damages for tortuous interference with the advantageous business relationships cultivated over many years. There may also be express terms in the Agreement awarding the prevailing party reasonable attorney's fees and costs.

The Conclusion
This paragraph usually gives a deadline to cure the breach and stresses the fact that a lawsuit will be filed if the breaching conduct does not stop immediately.

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