nfidentiality via a lack of waiver or an exception to waiver such as extension via the common interest privilege or the agency privilege. See e.g., Safeco Ins. Co. of Am. v. M.E.S., Inc., 269 F.R.D. 41, 46 (E.D.N.Y. 2011) (applying New York law) (citing Abu Dhabi Commercial Bank v. Morgan Stanley, 08 CV 7508

cifie[d] the time and manner in which acceptance . . . was to be consummated" and the offeree had not complied with the specifications); Johnson v. Safeco Ins. Co. of Am., 178 Wn. App. 828, 316 P.3d 1054, 1060 (2013) (finding no contract formation because the plaintiffs putative acceptance did not meet the pla