full-disclosure - Re: Email Disclaimers...Legally Liable ifbreached?

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Date: Thu, 11 Oct 2007 13:52:08 -0400
From: Valdis.Kletnieks@...edu
To: Kelly Robinson <caliana1989@...il.com>
Cc: full-disclosure@...ts.grok.org.uk
Subject: Re: Email Disclaimers...Legally Liable ifbreached?

On Thu, 11 Oct 2007 12:38:02 +1000, Kelly Robinson said:

> specific examples at the moment) I am wondering if Disclaimers can be
> referenced in a courtroom in a client's defence and if not, is it specificly

There is one place that the "This message may contain privileged information"
variety of disclaimer has a purpose.  If the addressee has an ongoing relationship
with the sender, that involves info that actually *is* privileged, it provides
an "out" if a blanket subpoena shows up for some e-discovery purpose - they
may be able to get *some* of the e-mails, but not privileged ones.

Of course, some half-wits then go and splat it on *all* their mail - but that
most likely constitutes "over-warning" - if it was *only* on the relevant e-mail,
then seeing one in a pile of subpoena'ed mail would be an automatic flag to
treat it as "disclosed erroneously".  But if it's on all of them, it loses its
warning value.

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