Legal Question in Intellectual Property in New Hampshire
Email Disclaimers
Are email disclaimers require destruction and restricting distribution of email to unintended recipients enforceable in court?
2 Answers from Attorneys
Re: Email Disclaimers
The primary intent of such text (found almost always at the bottom of an e-mail) is to prevent the compromise of either attorney-client privileged or otherwise-confidential information. It triggers obligations under the rules governing attorney professional responsibility, and generally suffices to cover inadvertent disclosure of otherwise-protectable trade secrets, proprietary/confidential information, and the like. However, as to third-parties, it is unlikely that an asserted obligation to destroy the material is enforceable; the prohibition on further dissemination, however, likely would be.
For advice specific to the actual language of the "disclaimer" in question, you should consult with an attorney. Best wishes,
LDWG
Re: Email Disclaimers
Perhaqps,if part of a valid bargained for arms length agreement between 2 parties capable of legal consent.
I would have to review language context and other TOU to render legal opinion.
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