Dealing with a warning
A warning letter is a drastic event for every company – regardless of whether it is a small startup or a listed AG. We show you the 5 biggest mistakes, that you can do when you receive a warning letter. However, each of the five response options can also optimal response to a warning letter. In our LHR guide, we explain the following to you 5 Response options:
1. cease and desist declaration
Issuing a cease-and-desist letter can be a big mistake, especially if it has been pre-formulated by the opponent.
2. rejection of the claim
Even if you may feel a great need to do so: In the case where you suspect that the warning is based on unfair motives or money-grabbing, it may be a big mistake to reject the warning.
3. keep silent properly
You want to consign the warning to the wastebasket right away? Simply ignoring a warning letter is not always advisable, but more often than you think!
4. negative declaratory action
In response to a warning, you can immediately file a negative declaratory action requesting a declaration that the claims asserted by the opponent do not exist.
5. protective letter
If there is clear evidence of defenses, consider filing a protective brief.
