Is the Confidentiality Disclaimer at the Bottom of an Email Legally Binding?

iStock/Mlenny
iStock/Mlenny

For most of us, a day doesn’t go by without receiving a notice that “This email and attached documents may contain confidential information” and that you’re not authorized to read it if you aren’t the intended recipient. Anyone who has ever received one of these has probably wondered: How legally binding are these boilerplates?

The answer is: not very—though that’s not the entire story.

It’s generally agreed by legal experts that the generic boilerplate at the end of many emails has no legal weight behind it. It’s attempting to create a contract, but for a contract to apply both parties need to agree, which doesn’t happen in this case. At best it may make people paranoid about sharing your email and have an effect that way, although not necessarily through the power of law.

One case followed a doctor looking into suing his employer. Perhaps foolishly, the doctor emailed his lawyer from his work email, meaning that the employer felt that any confidentiality had been waived by use of the work email. The doctor disagreed and went to court. Part of the case was that every email sent by the law firm had the same standard disclaimer, but on that point the court ruled “[the law firm’s] pro forma notice at the end of the e-mail is insufficient and not a reasonable precaution to protect its clients.”

And their scope can be limited. One famous case seeking a protective order involved an extremely threatening email that included lines such as “Your most determined, unstoppable, and visceral enemy,” ending with "DISCLAIMER: Not one word herein should be construed by anyone as meaning violent or threatening intentions, and instead the entire contents is to be taken by the strict literary meaning. There have not been, and will be any elucidated threats of violence or intent, either expressed or implied, within the entirety of this document.” The court was unimpressed, granting the protective order and explaining "You can't send documentation of both a threatening and harassing manner and then think that you can get away with that by simply putting a disclaimer on it."

SHOULD I HAVE ONE?

This is not to say it’s useless to put a disclaimer on your emails, particularly with professional correspondence. In 2011 a lawsuit dealt in part with whether a customer list was a confidential trade secret. To maintain a trade secret, you need to take “reasonable efforts” to protect it. And the court determined that for a slew of reasons this customer list didn’t qualify as a trade secret. One of the issues brought up by the judge—though by no means the only one—was that the customer lists were sent to the other party on multiple occasions, and “The emails contain no disclaimer about the confidentiality of the materials attached.” That’s not to say the sending party would have been protected had they included the disclaimer, but the lack of one was a knock against them.

Disclaimers can also protect against contracts being formed. In one case, a real estate investor contacted a bank to inquire about some properties for sale. They signed a negotiation agreement acknowledging that email messages wouldn’t be considered binding. Over email he then made an offer, the bank made a counteroffer, and the investor agreed. The officer at the bank, however, had a disclaimer explaining that any price or term mentioned was not binding until the executive management committee signed off. Eventually the bank declined the agreement and the investor sued arguing breach of contract. The court ultimately ruled “in light of the e-mail disclaimers and the negotiation agreement [the investor] signed, any belief he had that his e-mailed acceptance of the counteroffer had created a binding contract was unreasonable.”

SO WHAT TO DO?

If you want to make your disclaimers count, and have a fighting chance in court if the situation arises, experts have a few suggestions. According to the law firm Reid & Hellyer, “To maximize the chances that such a disclaimer might be found effective, it may be better practice to place it at the beginning, not the end, of an email. However, if one were to do that for all e-mails sent, one might wonder if one really meant for the disclaimer to apply. It might be better practice to use disclaimers sparingly to certain particular emails only, not to every email sent.” But it’s probably best not to count on it to get you out of a jam.

*Disclaimer: this is not intended as a substitute for legal advice. Please consult a lawyer first!

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Amazon's Best Black Friday Deals: Tech, Video Games, Kitchen Appliances, Clothing, and More

Amazon
Amazon

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Black Friday is finally here, and Amazon is offering great deals on kitchen appliances, tech, video games, and plenty more. We will keep updating this page as sales come in, but for now, here are the best Amazon Black Friday sales to check out.

Kitchen

Instant Pot/Amazon

- Instant Pot Duo Plus 9-in-115 Quart Electric Pressure Cooker; $90 (save $40)

- Keurig K-Cafe Special Edition; $190 (save $30)

- Ninja OS301 Foodi 10-in-1 Pressure Cooker and Air Fryer; $125 (save $75)

- Nespresso Vertuo Next Coffee and Espresso Machine by Breville; $120 (save $60)

- KitchenAid KSMSFTA Sifter with Scale Attachment; $95 (save $75)

- Keurig K-Mini Coffee Maker; $60 (save $20)

- Cuisinart Bread Maker; $80 (save $97)

- Anova Culinary Sous Vide Precision Cooker; $139 (save $60)

- Aicook Juicer Machine; $35 (save $15)

- JoyJolt Double Wall Insulated Espresso Mugs - Set of Two; $14 (save $10)

- Longzon Silicone Stretch Lids - Set of 14; $16 (save $11)

- HadinEEon Milk Frother; $37 (save $33)

Home Appliances

Roomba/Amazon

- iRobot Roomba 675 Robot Vacuum with Wi-Fi Connectivity; $179 (save $101)

- ASAKUKI 500ml Premium Essential Oil Diffuser; $22 (save $4)

- Facebook Portal Smart Video Calling 10 inch Touch Screen Display with Alexa; $129 (save $50)

- Bissell air320 Smart Air Purifier with HEPA and Carbon Filters; $280 (save $50)

- Oscillating Quiet Cooling Fan Tower; $59 (save $31)

- TaoTronics PTC 1500W Fast Quiet Heating Ceramic Tower; $55 (save $10)

- Vitamix 068051 FoodCycler 2 Liter Capacity; $300 (save $100)

- Ring Video Doorbell; $70 (save $30)

Video games

Sony

- Marvel's Spider-Man: Game of The Year Edition for PlayStation 4; $20 (save $20)

- The Legend of Zelda: Link's Awakening; $40 (save $20)

- Hyrule Warriors: Age of Calamity; $50 (save $10)

- Marvel's Avengers; $25 (save $33)

- The Last of Us Part II for PlayStation 4; $30 (save $30)

- LEGO Harry Potter: Collection; $15 (save $15)

- Ghost of Tsushima; $40 (save $20)

- BioShock: The Collection; $20 (save $30)

- The Sims 4; $24 (save $20)

- God of Warfor PlayStation 4; $10 (save $10)

- Days Gonefor PlayStation 4; $20 (save $6)

- Luigi's Mansion 3 for Nintendo Switch; $40 (save $20)

Computers and tablets

Microsoft/Amazon

- New Apple MacBook Pro 16 inches with 512 GB; $2149 (save $250)

- Microsoft Surface Laptop 3 with 13.5 inch Touch-Screen; $1200 (save $400)

- Lenovo ThinkPad T490 Laptop; $889 (save $111)

- Amazon Fire HD 10 Tablet (64GB); $120 (save $70)

- Amazon Fire HD 10 Kids Edition Tablet (32 GB); $130 (save $70)

- Apple iPad Mini (64 GB); $335 (save $64)

- Vankyo MatrixPad S2 Tablet; $120 (save $10)

Tech, gadgets, and TVs

Apple/Amazon

- Apple Watch Series 3 with GPS; $120 (save $79)

- Seneo Wireless Charger, 3 in 1 Wireless Charging Station; $16 (save $10)

- SAMSUNG 75-inch Class Crystal 4K Smart TV; $998 (save $200)

- Nixplay 2K Smart Digital Picture Frame 9.7 Inch Silver; $238 (save $92)

- All-New Amazon Echo Dot with Clock and Alexa (4th Gen); $39 (save $21)

- MACTREM LED Ring Light 6" with Tripod Stand; $16 (save $3)

- Amazon Fire TV Stick with Alexa Voice Remote; $28 (save $12)

- DR. J Professional HI-04 Mini Projector; $93 (save $37)

Headphones and speakers

Beats/Amazon

- Beats Solo3 Wireless On-Ear Headphones; $120 (Save $80)

- Apple AirPods Pro; $169 (save $50)

- Anker Soundcore Upgraded Bluetooth Speaker; $22 (save $8)

- Powerbeats Pro Wireless Earphones; $175 (save $75)

- JBL Boombox; $280 (save $120)

Movies and TV

HBO/Amazon

- Game of Thrones: The Complete Series; $115 (save $89)

- Jurassic World 5-Movie Set; $23 (save $37)

- Deadwood: The Complete Series; $42 (save $28)

- Back to the Future Trilogy; $15 (save $21)

Toys and Games

Amazon

- Awkward Family Photos Greatest Hits; $15 (save $10)

- Exploding Kittens Card Game; $10 (save $10)

- Cards Against Humanity: Hidden Gems Bundle; $14 (save $5)

- LOL Surprise OMG Remix Pop B.B. Fashion Doll; $29 (save $6)

- LEGO Ideas Ship in a Bottle 92177 Expert Building Kit; $56 (save $14)

Furniture

Casper/Amazon

- Casper Sleep Element Queen Mattress; $476 (save $119)

- ZINUS Alexis Deluxe Wood Platform Bed Frame; $135 (save $24)

- ROMOON Dresser Organizer with 5 Drawers; $59 (save $11) 

- AmazonBasics Room Darkening Blackout Window Curtains; $26 (save $5)

- Writing Desk by Caffoz; $119 (save $21)

- SPACE Seating Office Support Managers Chair; $112 (save $116)

- Rivet Globe Stick Table Lamp; $53 (save $17)

- Christopher Knight Home Merel Mid-Century Modern Club Chair; $188 (save $10)

- Walker Edison Furniture Industrial Rectangular Coffee Table; $121 (save $48)

Beauty

Haus/Amazon

- MySmile Teeth Whitening Kit with LED Light; $21 (save $12) 

- Cliganic USDA Organic Lip Balms Set of Six; $6 (save $4)

- HAUS LABORATORIES By Lady Gaga: LE RIOT LIP GLOSS; $7 (save $11)

- Native Deodorant for Men and Women Set of Three; $25 (save $11) 

- BAIMEI Rose Quartz Jade Roller & Gua Sha; $14 (save $3)

- Honest Beauty Clearing Night Serum with Pure Retinol and Salicylic Acid; $20 (save $8)

- WOW Apple Cider Vinegar Shampoo and Hair Conditioner Set; $30 (save $5) 

- La Roche-Posay Effaclar Purifying Foaming Gel Cleanser; $15 (save $5)

- wet n wild Bretman Rock Shadow Palette; $9 (save $6)

- EltaMD UV Daily Tinted Face Sunscreen Moisturizer with Hyaluronic Acid; $25 (save $6)

Clothes

Ganni/Amazon

- Ganni Women's Crispy Jacquard Dress; $200 (save $86) 

- The Drop Women's Maya Silky Slip Skirt; $36 (save $9)

- Steve Madden Women's Editor Boot; $80 (save $30)

- adidas Women's Roguera Cross Trainer; $40 (save $25)

- Line & Dot Women's Elizabeth Sweater; $74 (save $18)

- Levi's Men's Sherpa Trucker Jacket; $57 (save $41)

- Adidas Men's Essentials 3-Stripes Tapered Training Joggers Sweatpants; $28 (save $12)

- Timex Men's Weekender XL 43mm Watch; $32 (save $20)

- Ray-Ban Unisex-Adult Hexagonal Flat Lenses Sunglasses; $108 (save $46) 

- Reebok Men's Flashfilm Train Cross Trainer; $64 (save $16)

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What Is a Scuttlebutt, and Why Do We Like to Hear It?

Photo by Courtney Nuss on Unsplash

Casual conversation is home to a variety of prompts. You might ask someone how they’re doing, what’s new, or if they’ve done anything interesting recently. Sometimes, you can ask them what the scuttlebutt is. “What’s the scuttlebutt?” you’d say, for example, and then they’d reply with the solicited scuttlebutt.

We can easily infer that scuttlebutt is a slang term for information or maybe even gossip. But what exactly is scuttlebutt, and why did it become associated with idle water cooler talk?

According to Merriam-Webster, a scuttlebutt referred to a cask on sailing ships in the 1800s that contained drinking water for those on board. It was later used as the name of the drinking fountain found on a ship or in a Naval installation. The cask was known as a butt, while scuttle was taken from the French word escoutilles and means hatch or hole. A scuttlebutt was therefore a hatch in the cask.

Because sailors usually received orders from shouting supervisors, talking amongst themselves was discouraged. Since sailors could congregate around the fountain, it became a place to finally catch up and exchange gossip, making scuttlebutt synonymous with casual conversation. The scuttlebutt was really the only place to do it.

Nautical technology made the scuttlebutt obsolete, but the term endured, becoming a catch-all word for unfounded rumors.

The next time someone asks you what the scuttlebutt is, now you can tell them.

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