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	<title>
	Comments on: Legal boilerplate appended to email	</title>
	<atom:link href="https://www.overlawyered.com/2011/04/legal-boilerplate-appended-to-email/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2011/04/legal-boilerplate-appended-to-email/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Thu, 14 Apr 2011 10:24:46 +0000</lastBuildDate>
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	<item>
		<title>
		By: CJohn		</title>
		<link>https://www.overlawyered.com/2011/04/legal-boilerplate-appended-to-email/comment-page-1/#comment-118480</link>

		<dc:creator><![CDATA[CJohn]]></dc:creator>
		<pubDate>Thu, 14 Apr 2011 03:39:27 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=22503#comment-118480</guid>

					<description><![CDATA[The disclaimers are, for the most part, largely useless, especially when (a) used indiscriminately and (c) in the in-house/corporate counsel context. 

I am, however, certain that  it is not true that &quot;no court case has ever turned on the presence or absence of such an automatic e-mail footer in America&quot; since I worked on a multi-billion dollar patent case in which the court (later affirmed by the Fed. Cir.) kept out of evidence key -- some might saying damning -- e-mails of willful infringement largely because of the disclaimers. Specifically (and vaguely), the court found that unlike in most cases, where disclaimer language in e-mails between in-house/corporate counsel and a company is irrelevant since every e-mail is indiscriminately marked as privileged regardless of subject matter (a sort of Falsus in uno, falsus in omnibus approach),  the e-mails in my case, although they seemed prima facie to concern the sort of business matters not typically covered by privileged, had clearly been distinguished with a judicious use of disclaimer language from somewhat similar communications that were deemed not privileged.  

And yes, the disclaimer is often done for the benefit of the wage donkeys, er, doc review attorneys, as well as for general record keeping.]]></description>
			<content:encoded><![CDATA[<p>The disclaimers are, for the most part, largely useless, especially when (a) used indiscriminately and (c) in the in-house/corporate counsel context. </p>
<p>I am, however, certain that  it is not true that &#8220;no court case has ever turned on the presence or absence of such an automatic e-mail footer in America&#8221; since I worked on a multi-billion dollar patent case in which the court (later affirmed by the Fed. Cir.) kept out of evidence key &#8212; some might saying damning &#8212; e-mails of willful infringement largely because of the disclaimers. Specifically (and vaguely), the court found that unlike in most cases, where disclaimer language in e-mails between in-house/corporate counsel and a company is irrelevant since every e-mail is indiscriminately marked as privileged regardless of subject matter (a sort of Falsus in uno, falsus in omnibus approach),  the e-mails in my case, although they seemed prima facie to concern the sort of business matters not typically covered by privileged, had clearly been distinguished with a judicious use of disclaimer language from somewhat similar communications that were deemed not privileged.  </p>
<p>And yes, the disclaimer is often done for the benefit of the wage donkeys, er, doc review attorneys, as well as for general record keeping.</p>
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		<title>
		By: Jay Markowitz		</title>
		<link>https://www.overlawyered.com/2011/04/legal-boilerplate-appended-to-email/comment-page-1/#comment-118467</link>

		<dc:creator><![CDATA[Jay Markowitz]]></dc:creator>
		<pubDate>Wed, 13 Apr 2011 22:16:26 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=22503#comment-118467</guid>

					<description><![CDATA[My favorite part is after the boilerplate legal footnotes accumulate at the bottom of an email during an exchange, filling up an extra page or two of that junk, some of my associates still like to add another footnote, reminding us to &#039;consider the environment when printing this email.&#039;]]></description>
			<content:encoded><![CDATA[<p>My favorite part is after the boilerplate legal footnotes accumulate at the bottom of an email during an exchange, filling up an extra page or two of that junk, some of my associates still like to add another footnote, reminding us to &#8216;consider the environment when printing this email.&#8217;</p>
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		<title>
		By: J.T. Wenting		</title>
		<link>https://www.overlawyered.com/2011/04/legal-boilerplate-appended-to-email/comment-page-1/#comment-118445</link>

		<dc:creator><![CDATA[J.T. Wenting]]></dc:creator>
		<pubDate>Wed, 13 Apr 2011 17:58:33 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=22503#comment-118445</guid>

					<description><![CDATA[p.s. by reading this message you agree to be bound by all conditions set out in this disclaimer

another of the nonsense statements shot down by the EU and I think other countries as well.]]></description>
			<content:encoded><![CDATA[<p>p.s. by reading this message you agree to be bound by all conditions set out in this disclaimer</p>
<p>another of the nonsense statements shot down by the EU and I think other countries as well.</p>
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		<title>
		By: J.T. Wenting		</title>
		<link>https://www.overlawyered.com/2011/04/legal-boilerplate-appended-to-email/comment-page-1/#comment-118444</link>

		<dc:creator><![CDATA[J.T. Wenting]]></dc:creator>
		<pubDate>Wed, 13 Apr 2011 17:55:43 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=22503#comment-118444</guid>

					<description><![CDATA[I read them whenever I get a new one, mostly for comic relief.
Many of them are so blatantly absurd to IT staff you just have to chuckle at the ignorance about electronic communications and the internet of many of the people who write them.

Like footers that state that electronic storage of the message is not allowed, when having the message sitting on a mailserver waiting for delivery is electronic storage.
I&#039;ve even seen footers claiming that &quot;transmission over unsecured networks is not allowed&quot; on emails I received over the internet (which is of course wholly unsecure).]]></description>
			<content:encoded><![CDATA[<p>I read them whenever I get a new one, mostly for comic relief.<br />
Many of them are so blatantly absurd to IT staff you just have to chuckle at the ignorance about electronic communications and the internet of many of the people who write them.</p>
<p>Like footers that state that electronic storage of the message is not allowed, when having the message sitting on a mailserver waiting for delivery is electronic storage.<br />
I&#8217;ve even seen footers claiming that &#8220;transmission over unsecured networks is not allowed&#8221; on emails I received over the internet (which is of course wholly unsecure).</p>
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		<title>
		By: Liz		</title>
		<link>https://www.overlawyered.com/2011/04/legal-boilerplate-appended-to-email/comment-page-1/#comment-118435</link>

		<dc:creator><![CDATA[Liz]]></dc:creator>
		<pubDate>Wed, 13 Apr 2011 16:38:10 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=22503#comment-118435</guid>

					<description><![CDATA[Boilerplate alerts the litigation document reviewers to withold the document (even if it&#039;s not necessarily legally correct to do so). It takes the thinking out of the process, and allows for a greater possibility that documents which would be damaging will be pulled from discovery. So, dumbs it down and helps you cheat-ish the system a bit. Sounds like law to me.]]></description>
			<content:encoded><![CDATA[<p>Boilerplate alerts the litigation document reviewers to withold the document (even if it&#8217;s not necessarily legally correct to do so). It takes the thinking out of the process, and allows for a greater possibility that documents which would be damaging will be pulled from discovery. So, dumbs it down and helps you cheat-ish the system a bit. Sounds like law to me.</p>
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		<title>
		By: Mark Siegel		</title>
		<link>https://www.overlawyered.com/2011/04/legal-boilerplate-appended-to-email/comment-page-1/#comment-118428</link>

		<dc:creator><![CDATA[Mark Siegel]]></dc:creator>
		<pubDate>Wed, 13 Apr 2011 16:16:52 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=22503#comment-118428</guid>

					<description><![CDATA[Funny thing is, this started because lawyers had disclaimers at the bottom of faxes they send....]]></description>
			<content:encoded><![CDATA[<p>Funny thing is, this started because lawyers had disclaimers at the bottom of faxes they send&#8230;.</p>
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		<title>
		By: Anonymous Attorney		</title>
		<link>https://www.overlawyered.com/2011/04/legal-boilerplate-appended-to-email/comment-page-1/#comment-118415</link>

		<dc:creator><![CDATA[Anonymous Attorney]]></dc:creator>
		<pubDate>Wed, 13 Apr 2011 13:54:21 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=22503#comment-118415</guid>

					<description><![CDATA[It is, however, sucking up electricity.  And this post reminds me:  when are we going to repeal HIPPA?]]></description>
			<content:encoded><![CDATA[<p>It is, however, sucking up electricity.  And this post reminds me:  when are we going to repeal HIPPA?</p>
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		<title>
		By: Ron Miller		</title>
		<link>https://www.overlawyered.com/2011/04/legal-boilerplate-appended-to-email/comment-page-1/#comment-118408</link>

		<dc:creator><![CDATA[Ron Miller]]></dc:creator>
		<pubDate>Wed, 13 Apr 2011 13:18:03 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=22503#comment-118408</guid>

					<description><![CDATA[Agreed.  It is silly and we don&#039;t do it.]]></description>
			<content:encoded><![CDATA[<p>Agreed.  It is silly and we don&#8217;t do it.</p>
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		<item>
		<title>
		By: LibertyAtStake		</title>
		<link>https://www.overlawyered.com/2011/04/legal-boilerplate-appended-to-email/comment-page-1/#comment-118407</link>

		<dc:creator><![CDATA[LibertyAtStake]]></dc:creator>
		<pubDate>Wed, 13 Apr 2011 13:08:56 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=22503#comment-118407</guid>

					<description><![CDATA[Yes, but what about signatures with tag lines on blog comments?

d(^_^)b
http://libertyatstake.blogspot.com/
&quot;Because the Only Good Progressive is a Failed Progressive&quot;]]></description>
			<content:encoded><![CDATA[<p>Yes, but what about signatures with tag lines on blog comments?</p>
<p>d(^_^)b<br />
<a href="http://libertyatstake.blogspot.com/" rel="nofollow ugc">http://libertyatstake.blogspot.com/</a><br />
&#8220;Because the Only Good Progressive is a Failed Progressive&#8221;</p>
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