Can a business file a lawsuit against any of the participants when an email sent to another business stipulating the information not be disclosed is forwarded by the original recipient?
Technically, nobody. There was no contract involved. A contract is when BOTH parties agree to the terms. You can't just send something then mandate the way it's supposed to be.If it was sent to a private individual within the company with confirmation being made before hand that the information was to be kept confidential there could be grounds for a suit if financial damages were incurred by the original sender. Answer Just because there is "no contract" doesn't mean they get to do what they want with your information! There are numerous information torts and crimes they may be guilty of.Yes, you can sue the original recipient for copyright infringement when they published a copyrighted email without a license. Depending upon the content of the message, there may also be a privacy violation or a regulatory violation (insider information, etc). Furthermore, if the original recipient (or final recipient) accrued a financial gain from the unlawful forwarding, you could sue for unjust enrichment under a quasi contract, preferably before they spend all their money trying to stay out of prison. If there is other damage that has occurred because of their intentional disregard of your rights, you can hit them for that as well. If their unauthorized disclosure lead directly to other torts or crimes against you or your business interests, then they are responsible for paying your damages.Obviously, if there had been a non-disclosure agreement in place (written or oral) or other fiduciary relationship, any disclosure would be a violation of that agreement as well.In addition to all of the above, you can consider offering an interview to the local business journalists regarding the unscrupulous business practices of the company that violated your rights.
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