Business Interference Cease and Desist Letter

A business interference cease and desist letter demands that a competitor, former employee, business partner, or other party stop engaging in conduct that tortiously interferes with the sender's business relationships, contracts, or prospective economic advantage. Tortious interference claims—among the most commercially significant business torts—allow businesses to seek legal relief when a third party intentionally and improperly disrupts existing contracts or anticipated business opportunities. These claims arise in diverse contexts: a competitor who contacts the sender's customers with false or misleading statements; a former employee who systematically solicits accounts they agreed not to solicit; a business partner who encourages key clients to breach their contracts; or a disgruntled ex-contractor who defames the business to potential clients.

The legal elements of tortious interference with contract and tortious interference with prospective business advantage require proving intentional, improper conduct by the defendant that causes disruption of the plaintiff's business relationships. For existing contract interference, the plaintiff must typically show that a valid contract existed, the defendant knew of the contract, the defendant intentionally and improperly induced breach or made performance more difficult, and the contract was actually breached causing damages. For prospective business advantage interference, the standard is somewhat lower—a reasonable expectation of economic benefit—but the conduct must still be intentional and improper, not merely competitive. Legitimate competitive activity—offering lower prices, superior service, or better terms—is not tortious interference even if it causes a competitor to lose business.

The 'improper means' element distinguishes legitimate competition from actionable interference. Conduct that is otherwise tortious or independently unlawful—fraud, defamation, threats, bribery—is clearly improper. Conduct that is technically lawful but violates accepted business norms or the defendant's own contractual obligations may also qualify. The cease and desist letter should identify the specific conduct that crosses the line from competition to actionable interference, connecting the defendant's specific actions to the improper means standard—whether that is false statements to clients, breach of non-solicitation obligations, or misuse of confidential information obtained from a business relationship.

Documentary evidence is especially important in business interference cases because the defendant rarely admits their conduct is intended to harm the plaintiff's business. Evidence of interference typically comes from multiple sources: communications from the defendant's employees or agents to the plaintiff's customers or partners, customer accounts of being approached or solicited, social media posts and email chains revealing the defendant's intentions, trade secret or confidential information that only an interfering party could possess, and timing analysis showing that the defendant's approach to the plaintiff's customers coincided with knowledge of specific business relationships. The cease and desist letter should reference this evidence specifically to demonstrate that the claim is well-founded and that continued interference will be met with litigation.