Search Google if you are that desperate for a case scenario to prove your point and/or not. I would try "e-mail disclaimer", "court case" and "American" :) as points of reference.
E. -----Original Message----- From: Chinnery Paul [mailto:[EMAIL PROTECTED]] Subject: RE: stupid disclaimers But, Elizabeth, can you cite a court cases? That was one of my questions. I've yet to read or hear about any company being excused liability simply because they had a disclaimer. However, I suppose, that if an employee maliciously forwards private company email, then a disclaimer might work. But, suppose somebody replys to a public d/l and inadvertently includes proprietary information in that email, am I then liable if I find a use for that information? Paul Chinnery Network Administrator Mem Med Ctr -----Original Message----- From: Elizabeth Farrell [mailto:[EMAIL PROTECTED]] Subject: RE: stupid disclaimers http://www.emaildisclaimers.com/ "There are several reasons why you might decide to add disclaimers to your e-mails. The reasons can be categorized into two groups: legal and marketing reasons. 1. Legal reasons If you were to be so unlucky to be sued for the contents of an e-mail, it is not certain whether an email disclaimer will protect you from liability in a court of law. However, it will certainly help your case and in some situations might exempt you from liability. More importantly, it may well prevent the actual occurrence of lawsuits against your company since the mere presence of the statement might deter most persons from seeking legal compensation from your company. Therefore the use of disclaimers is always recommended. There are 6 legal threats that disclaimers can help protect against: Breach of confidentiality: By including a disclaimer that warns that the content of the e-mail is confidential, you can protect your company against the exposure of confidential information. If the receiver breaches this confidentiality, they could be liable. Accidental breach of confidentiality: If an employee were to receive a confidential mail from someone and by accident forward it to the wrong person, the employee, and therefore the company, could be liable. This can easily happen. For instance a wrongly addressed e-mail can be forwarded to a postmaster, who might not be authorized to read the mail. Furthermore, e-mail can easily be intercepted. If you include a statement at the end of your mail that the message is only intended for the addressee, and that if anyone receives the e-mail by mistake they are bound to confidentiality, this could protect you. ........ etc. etc." -----Original Message----- From: Chinnery Paul [mailto:[EMAIL PROTECTED]] Subject: RE: stupid disclaimers I'm still fighting the battle of "we don't need no stinkin' disclaimers." So far, I've won. BTW, has anybody ever heard if those disclaimers actually hold up in court? Paul Chinnery Network Administrator Mem Med Ctr -----Original Message----- From: Woodruff, Michael [mailto:[EMAIL PROTECTED]] Subject: RE: stupid disclaimers Alright, alright. There. Fortunately Mailsweeper allows you to bypass by adding personalmail in the body somewhere. Are you happy? -----Original Message----- From: Mellott, Bill [mailto:[EMAIL PROTECTED]] Subject: RE: stupid disclaimers if it's a litmus test -----Original Message----- From: Erik Sojka [mailto:[EMAIL PROTECTED]] Subject: RE: stupid disclaimers Does printing the message out and pissing on the paper constitute "action"? > -----Original Message----- > From: East, Bill [mailto:[EMAIL PROTECTED]] > Subject: RE: stupid disclaimers > > > I'm taking action on your message. I'm taking action on it > right now. Nyah > nyah nyah nyah nyah. > > Tell your lawyers to get their $49.95 back from "J.D.'s 'R' Us." > > -- > be - MOS > > Noone ever built a statue to a critic. > > > > -----Original Message----- > > From: Woodruff, Michael [mailto:[EMAIL PROTECTED]] > > Subject: RE: stupid disclaimers > > > > > > Do think this was my design? Our lawyers think we need > this. Like it > > actually performs some kind of function. > > > > -----Original Message----- > > From: Chris Scharff [mailto:[EMAIL PROTECTED]] > > Subject: stupid disclaimers > > > > > > I think I might just start blocking messages with moronic > > disclaimers before > > they even get to my system. I feel dumber just for having read the > > disclaimer below. > > > > > This message (including any attachments) contains confidential > > > information intended for a specific individual and purpose, and is > > > protected by law. If you are not the intended recipient, you > > > should delete this message. 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