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Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service.
I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly.
Have you sought out a lawyer for a cease and desist letter yet?
Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.
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I’m sorry to hear about your issues here, hopefully, we can get them solved quickly.
That would be my first suggestion. Seek out a local business lawyer to assist you in drafting a cease-and-desist letter to this person. If they are threatened with being sued they may simply stop and that may be the end of it.
If they still do not stop then you'll need to sue them for injunctive relief as well as breach of contract and your other damages. Injunctive relief to get the online posts taken down by whoever is hosting them (Google, Yelp, etc), and the company will comply with the court order. You also have your damages for defamation (libel as it is the written form of defamation).
You also have a claim for breach of contract under the non-disclosure agreement. That will depend on what your stated damages there are, or what you prove your damages are if there is no stated specific amount.
In terms of what you have said that is about all you have in terms of causes of action though. But first, seek out a lawyer to get a letter done as that is the far faster and cheaper way of going about this. Suing should be a last resort here as it is assuming this person has money to take even if you win come that time.
And if you have an arbitration clause it may have to go to arbitration if that is what your contract states the terms are; so you need to get that contact reviewed first to say.
Please let me know if this has answered your question fully. I hope this information is helpful to you. If you need additional assistance or have follow-up questions, please reply to my message below, and I will respond as soon as I can.
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