he.net down/slow?

William Herrin bill at herrin.us
Sun Jan 10 00:12:44 CST 2010


On Sat, Jan 9, 2010 at 6:27 PM, Martin Hannigan
<martin at theicelandguy.com> wrote:
> Some NDA's require that you must state your intent for each
> communication that should be covered by the NDA.  As much as everyone
> would like to believe these are wothless, they are not. Applying them
> globally to your email  protects your legal rights. It is also
> innocous.

Martin,

Actually that's not a great idea. A notice that the recipient is
expected to handle information with unusual attention to
confidentiality is required by law to stand out so that there isn't
any ambiguity about the duties demanded of the recipient. Trade secret
cases have been lost because a sender relied on the email boilerplate,
the recipient produced intentionally public emails with the same
boilerplate, and the recipient asserted that he had no reason to
believe the particular message was any more sensitive than the
sender's routine public messages.

Regards,
Bill Herrin


-- 
William D. Herrin ................ herrin at dirtside.com  bill at herrin.us
3005 Crane Dr. ...................... Web: <http://bill.herrin.us/>
Falls Church, VA 22042-3004




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