Legal Question in Business Law in New York

Re: confidentiality

Any accurate opinion will depend on the content of the entire set of documents involved. Your email disclosure alone probably will not determine the answer to your question.

You are welcome to contact me at [email protected] to review this further.

Re: confidentiality

Q. Is this new client legally bound by the email disclaimer we included?

A. I think so. The offer for the buy was conditioned upon maintaining the material in a confidential manner. The proposed client violated the confidentiality terms by sharing the information with a third party. However, your relief may be equitable in nature. In other words, an order to enjoin the client (and the cable person) from disseminating the material. Damages will be difficult unless you can prove that the client's release of the confidential material actually caused monetary damages.

Q. if the cable rep erroneously accused us of foul play to the client...is that slander?

A. It may constitute slander. It may also constitute tortious interference of a contract, which would be a stronger claim since damages would be loss of profit from the sale to the new client. Furthermore, the claim would be against the cable company since the representative was acting as an employee of the company when he or she made the statements.

Mike.