53 votes

Is releasing this company's documents illegal?

Given the clarification provided in the comments to the question, the company has a copyright in the material and as such is legally entitled to demand that you cease using it.
ohwilleke's user avatar
  • 212k
36 votes
Accepted

Receiving a certified letter and the contents is not address to you

If the envelope had someone else's name and not your name, you should in theory not have opened it, and should instead have marked it "Not known at this address. Return to Sender." and ...
David Siegel's user avatar
21 votes

Defamation due to breach of confidentiality

Yes. Making statements in a legally protected confidential context is not publishing them, and in most jurisdictions, defamation must be published to create a cause of action. In such a case the ...
David Siegel's user avatar
15 votes
Accepted

Can one be liable to pay an agreed sum if they break a promise?

Assuming there is a contract (and it is not clear that there is), this is a purported liquidated damages clause. Alice is trying to dictate what Bob will owe her if he breaches his promise to not ...
Jen's user avatar
  • 54.5k
13 votes

Why do solicitor advice procedure regulations require collection of landlord details at client intake when solicitors advise on tenancy issues?

The purpose is to avoid the possibility that the solicitor will inadvertently end up providing advice to more than one side of the same dispute or transaction, putting the solicitor in a conflict of ...
ohwilleke's user avatar
  • 212k
13 votes

Is privilege often misused to mean confidential?

The terms confidential and privileged are not interchangeable, but they have closely related meanings that pertain to secrets. Both terms are, indeed, often misused when the other term would be the ...
ohwilleke's user avatar
  • 212k
12 votes
Accepted

Is there a minimum elapsed time required before a classified document can become declassified in the U.S.?

No. A classification decision can be reversed by an original classification authority at any time, and the “declassify by” date on a classified document can be arbitrarily close. For instance, a ...
cpast's user avatar
  • 23.9k
12 votes
Accepted

Why do solicitor advice procedure regulations require collection of landlord details at client intake when solicitors advise on tenancy issues?

This answer is an expansion on ohwilleke's answer, which explains that the reason probably involves avoiding conflicts of interest with other clients. The relevant provisions in england-and-wales are ...
JBentley's user avatar
  • 8,286
10 votes

Defamation due to breach of confidentiality

Possibly Qualified privilege is a defense in defamation. The statement would have to have been made without malice, be made in an appropriate situations and for a reasonable cause. If making the ...
user6726's user avatar
  • 215k
10 votes
Accepted

Have email disclaimers been tested in court?

For one example, see the treatment by the Saskatchewan Office of the Information and Privacy Commissioner. Financial and Consumer Affairs Authority of Saskatchewan (Re), 2014 CanLII 3995 (SK IPC): ...
Jen's user avatar
  • 54.5k
9 votes

Receiving a certified letter and the contents is not address to you

You are A. X sent you a letter clearly intended for B. Doing nothing is bound to create some confusion or worse, but legally you are not forced to do anything. However: That letter might be about X ...
gnasher729's user avatar
9 votes

Is releasing this company's documents illegal?

Is releasing this company's documents illegal? Yes. I run a website where I sell materials for students interested in finance, law and consulting. My website contains case studies from actual ...
marcelm's user avatar
  • 193
9 votes

Can one be liable to pay an agreed sum if they break a promise?

france It depends, but probably not; it seems "clearly too high" Let us assume that Bob and Alice entered a contract along the lines of: Bob will not [do the thing] If Bob [does the thing], ...
KFK's user avatar
  • 594
8 votes

Receiving a certified letter and the contents is not address to you

Why does the sender have b degnan's address, and why are they sending a registered letter to that address? It's quite possible that there were multiple letters sent out, and some envelopes got ...
Crash Gordon's user avatar
8 votes

Contract says all information must be kept confidential. Does this mean I cannot outsource?

No You can outsource if you don't disclose Confidential Information (as defined in the agreement), or if you have the principal's permission to disclose it to the third-party contractor. The clause ...
Dale M's user avatar
  • 208k
7 votes
Accepted

Why is it common for settlment agreements to be confidential?

You reach a settlement instead of a judge deciding a court case if both sides agree that a settlement is better for them than paying court costs, lawyers cost, the risk of losing, having embarrassing ...
gnasher729's user avatar
6 votes
Accepted

Therapist violates confidentiality. Any laws applicable?

We're missing a lot of information that we'd need to offer a full answer. Here are some of the things that will probably drive the analysis: the type of counselor we're talking about; the types of ...
bdb484's user avatar
  • 58.9k
6 votes
Accepted

How much incentives do Delaware Registered Agents have to keep coproration owners' identities condifential?

This can't be answered without knowing what penalties are in the NDA. Large liquidated damages provisions in NDAs are common, as well as a right to injunctive relief and to actual damages if proven. I'...
ohwilleke's user avatar
  • 212k
5 votes
Accepted

Child Sexual Abuse - is a religious leader required to automatically report such accusations or confessions?

Testimonial Privilege There is a tradition, embodied in law in many jurisdictions, that a religious confession, is not subject to compelled disclosure in court or to other legal process. This arose ...
David Siegel's user avatar
5 votes

Is releasing this company's documents illegal?

You're not required by law to take anything down until the court orders you to do so. Their legal department will probably write you a letter detailing the legal theory behind their demand, at which ...
user6726's user avatar
  • 215k
5 votes

Can one be liable to pay an agreed sum if they break a promise?

In addition to the liquidated damages already mentioned, Alice could rely on the doctrine of promissory estoppel to enforce Bob's promise. This requires establishing the following facts: Was there an ...
Matthew's user avatar
  • 3,762
5 votes
Accepted

Do NDAs apply to all future interactions between the two parties or just the next one?

Depends on the NDA Just like any other contract, it does what it says it does. You could draft the NDA either way.
Dale M's user avatar
  • 208k
5 votes

In 2013, many news sites reported that a US programmer (Bob) outsourced his work to a company in China. Isn't that illegal?

Many things that are "illegal" are not crimes and you can't be prosecuted or charged for them. Many "illegal" things are merely breaches of contract or civil wrongs, and even then, ...
ohwilleke's user avatar
  • 212k
4 votes

Disclosing damning information as a lawyer

The evidence will almost certainly be inadmissible And, of course, you will be disbarred and never work as a lawyer again, you might also go to jail for attempting to pervert the course of justice. ...
Dale M's user avatar
  • 208k
4 votes
Accepted

Is it legal to use leaked documents for open source development?

Such use might well be illegal, and subject the user to tort liability, or possibly even criminal liability. Parties For this discussion let us call the person or company that developed and wants to ...
David Siegel's user avatar
4 votes

Receiving a certified letter and the contents is not address to you

Two possibilities, both bad. The notice is for you, and is a "CC". You are not the primary addressee, but you have some legal or financial involvement in the matter. For instance Joe and Ken ...
Harper - Reinstate Monica's user avatar
4 votes

In a way aren't Non-Disclosure and Non-disparagement Agreements functionally very similar?

Not all disclosures are disparagements, an NDA will typically cover the release of any private information, whether positive or negative. Publishing the company's future product plans might violate an ...
Nuclear Hoagie's user avatar
4 votes

Security clearance of police officers

There is nothing to forgive. The question presupposes that it is a crime to lay eyes on classified information. Crimes related to classified information generally have an element of intent. For ...
phoog's user avatar
  • 37.2k

Only top scored, non community-wiki answers of a minimum length are eligible