Someone stole my material from me and has gone to a different publisher to have the content published. I want to send a cease and desist letter to the publisher explaining that this woman stole my material and ask them not to publish it. Could this woman sue me for tortious interference with business?
In Chaves v. Johnson, the Supreme Court of Virginia (I'm assuming the contract/expectancy is in the Commonwealth) provided five grounds to affirmatively defend against tortious interference: 1) legitimate business competition; 2) financial interest; 3) responsibility for the welfare of another; 4) directing business policy; and 5) the giving or requested advice. However, I need to know more about your particular matter before determining whether you're privileged in interfering with the business contract.
If you are privileged, you should still retain an attorney, either myself or one of my colleagues, to write your cease-and-desist letter because the content of your letter will be just as important in determining its propriety.
The answer provided is for general information purposes and cannot be relied upon. In order to provide legal advice, one must engage with a live attorney; this answer does not create such attorney-client relationship.
Personal Injury Lawyer
anyone can sue you for any reason, unfortunately. The better question is whether or not she has a valid claim?
If the facts as you state are true and it were my intellectual property I'd be doing (and have done in the past) exactly what you are doing.
Ben Glass is licensed in Virginia. He offers a number of free consumer book downloads at his site for information purposes only. You should consult an experienced, board certified attorney in your area. Obviously, no attorney client relationship is formed by participating in Avvo.