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?

Asked on 5/15/09, 9:33 am

2 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

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,


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Answered on 5/15/09, 10:02 am
David Anderson Anderson Business Law LLC

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.

Call or email for help.

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Answered on 5/15/09, 10:06 am

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