Q: Need help with defamation against a small startup business. We are being wrongfully accused of copying their ideas

A: Sometimes a strongly worded letter from an experienced civil litigation attorney is enough to solve the problem. Whether or not you can file a lawsuit for emotional distress is questionable. If the letter does not help, then a lawsuit for copyright infringement will get their attention. You should expect to pay for about 1/2 an hour of attorney time, to have everything reviewed. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

A: Consider a consult with an attorney handles defamation and discuss what your cost-effective options are. Defamation actions can be pay-as-you-go, rather than contingency based. You could discuss terms for the cease and desist letter you mention. Good luck

A: I understand you feel wronged, but I have some concerns about the approach you're proposing. Here are a few important points to consider:

Sending a cease and desist letter with threats of a lawsuit is a very serious step that could escalate the conflict. It's usually advisable to first try to resolve the issue through calmer dialogue if possible. An overly aggressive letter may make the other party dig in their heels.

To successfully sue for defamation, you would need to prove the statements made against you are demonstrably false and have caused real financial damages. Expressing opinions, even highly critical ones, is generally protected speech. The bar for proving defamation is quite high.

Claiming emotional distress damages is also very difficult unless you have documented medical evidence of physical symptoms and professional treatment required as a result of the statements.

While it's natural to want a public apology, demanding one in a legal threat often backfires and makes the other party less likely to apologize. A voluntarily offered apology is more effective than a coerced one.

I would suggest first having an attorney review the full facts in detail to determine if you have a viable defamation claim before proceeding with any threats of litigation. If so, the attorney can advise on the best strategy. If not, it may be better to respond by simply and professionally denying the accusations and reiterating the key facts.

Focus on running your business with integrity and delivering value to your customers. Don't let this distract you or drag you into an emotional public battle. In most cases, your success will be the best response. I hope this helps provide a balanced perspective.