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Freedom of Information Act › Trade Secrets

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +
The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version.  less -
Proskauer - Government Contractor Compliance...

Court Orders Release of Contractor EEO-1 Reports

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On December 22, 2023, a court in the Northern District of California ordered the disclosure of EEO-1 Reports filed by federal contractors and subcontractors (“Contractors”) between 2016 and 2020 in the case, Center for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Confidential Business Information/Toxic Substance Control Act: Environmental Defense Fund Opening D.C. Circuit Court of Appeals...

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The Environmental Defense Fund (“EDF”) filed an opening brief with the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) challenging a United States Environmental Protection Agency (“EPA”) Toxic Substances...more

Dechert LLP

Initiatives to Increase Communication Between the USPTO and the FDA Concerning Pharmaceutical Patent Applications

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President Biden, in July 2021, issued an Executive Order (“E.O.”) observing that “too often, patent and other laws have been misused to inhibit or delay — for years and even decades — competition from generic drugs and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFCCP Issues 30-Day FOIA Notice to Contractors and Subcontractors

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On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued unpublished notice of a broad Freedom of Information Act (FOIA) request that impacts the federal contracting community. An investigative...more

PilieroMazza PLLC

[Webinar] Protecting Your Confidential Information: FOIA Exemption 4 for Government Contractors - September 15th, 2:00 pm - 3:00...

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The Freedom of Information Act allows government agencies to release any record in their possession unless one of nine exemptions applies. Exemption #4—the focus of this webinar—protects information considered “trade secrets...more

Freeman Law

The Freedom of Information Act’s “Confidentiality” Exception

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We frequently utilize the Freedom of Information Act (“FOIA”) as a tool for our clients. The FOIA, subject to several exceptions and exclusions, generally provides that any person has the right to request access to federal...more

Butler Snow LLP

Protecting Your Trade Secrets and Confidential, and Sensitive Information from a Public Records Request

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It is common for businesses to disclose confidential information to governmental entities for regulatory and/or other purposes. However, once that information is disclosed, it may be vulnerable to public records requests....more

Franczek P.C.

New Binding Opinion on Scope of FOIA for Third Parties and Proprietary Information

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In a rare binding opinion, the Illinois Attorney General’s Public Access Counselor (PAC) opined that certain information in the sole possession of a vendor that had contracted with the Illinois Department of Corrections...more

Seyfarth Shaw LLP

Maine Considers Trade Secret Protection for Cannabis Companies

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Maine is on track to launch its first recreational marijuana businesses in June, four years after its residents voted in favor of legalization. A year ago, Maine created an Office of Marijuana Policy (OMP) within its...more

Seyfarth Shaw LLP

Top 10 Developments and Headlines in Trade Secret, Non-Compete, and Computer Fraud Law for 2019 & 2020

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Continuing our annual tradition, we have compiled our top developments and headlines for 2019 & 2020 in trade secret, non-compete, and computer fraud law. Here’s what you need to know to keep abreast of the ever-changing law...more

Fenwick & West LLP

Is Your Trade Secret Safe Under FOIA?

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In June 2019, the U.S. Supreme Court decided Food Marketing Institute. v. Argus Leader Media. The case marked the Court’s first chance to address an important question: When can (or cannot) the federal government withhold...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2020

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In This Issue - Influencer Marketing: Top Business and Legal Considerations for 2020 - Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 17, Issue 3

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2019 Patent Trial and Appeal Board Key Practice Updates: A Year in Review - 2019 has been an active year for procedural changes in the Patent Trial and Appeal Board (“PTAB”). These changes include not only the PTAB’s...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Expands Trade Secrets Exemption from FOIA

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Businesses often worry that the information they provide to the government will be disclosed, and with good reason – such information is presumptively available to the public under the Freedom of Information Act...more

Pillsbury Winthrop Shaw Pittman LLP

Department of Justice Issues New Guidance on Exemption 4 to the Freedom of Information Act

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On Oct. 4, 2019, the DOJ issued guidance for determining whether commercial or financial information provided by a person or company is “confidential” under FOIA Exemption 4. When preparing reverse-FOIA submissions, a...more

Bass, Berry & Sims PLC

Protecting Government Contractors’ Confidential Information Just Got Easier

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At the end of June, the U.S. Supreme Court issued an important Freedom of Information Act (FOIA) decision that decreases the burden on contractors seeking to protect confidential information. As most contractors are aware,...more

Perkins Coie

Is the U.S. Supreme Court’s FOIA Decision a Game Changer for Companies Seeking to Prevent Disclosure of Proprietary Information?

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In its recent decision in Food Marketing Institute v. Argus Leader Media d/b/a Argus Leader, No. 18-481, the U.S. Supreme Court rejected a decades-old legal standard for companies that wish to shield their business...more

Perkins Coie

EPA Revises its FOIA Regulations

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The Environmental Protection Agency issued a final rule June 26, 2019, revising the agency’s Freedom of Information Act regulations. According to EPA, those regulations, last updated in 2002, required revision to comply with...more

Poyner Spruill LLP

Employers with Federal Contracts Should Take Affirmative Steps to Maintain Confidentiality of Pay Data Submitted via EEO-1 Survey

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As discussed in our prior alert, employers are now required to submit additional information to supplement EEO-1 reports. The deadline to submit this new information – which will include employee pay data (referred to by the...more

Brownstein Hyatt Farber Schreck

Protecting Confidential Business Information

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Supreme Court Upends Half-Century Standard for Handling Confidential Commercial Information Under the Freedom of Information Act - Businesses that provide sensitive commercial or financial information to the federal...more

Holland & Knight LLP

The Supreme Court Expands Contractor FOIA Protection - with a Caveat

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Contractors have struggled to prevent the release of confidential information such as proposals incorporated into contracts and unit pricing requested by competitors and others under the Freedom of Information Act (FOIA)....more

Miles & Stockbridge P.C.

Supreme Court Decision Broadens Protection for Confidential Information against Disclosure under FOIA

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In a significant decision for Government contractors, the Supreme Court has expanded the types of “commercial or financial information” that are “confidential,” and therefore exempt from disclosure under the Freedom of...more

Seyfarth Shaw LLP

Supreme Court Issues Decision Significantly Expanding the Scope of FOIA’s Confidentiality Exemption

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Seyfarth Synopsis: On June 24, 2019, the Supreme Court issued its decision in Food Marketing Institute v. Argus Leader Media and resolved fractured circuit splits about the parameters for when the government may withhold...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rules on FOIA and the Protection of Sensitive Company Information

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A recent Supreme Court case determined that private commercial and financial information that is transmitted to the federal government under an assurance of privacy is considered “confidential” and not subject to disclosure...more

Blank Rome LLP

The Supreme Court Expands the Meaning of “Confidential” Information under FOIA Exemption 4

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The Supreme Court in Food Marketing Institute v. Argus Leader Media, No. 18-481 (U.S. June 24, 2019) recently relaxed the standard for withholding confidential information under Exemption 4 of the Freedom of Information Act...more

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