News & Analysis as of September 19, 2024

Freedom of Information Act › U.S. Department of Agriculture

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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 -

Investigations Newsletter: DOJ Indicts 47 Individuals in Largest COVID-19 Fraud Scheme To Date

ArentFox Schiff on 9/23/2022

DOJ Indicts 47 Individuals in Largest COVID-19 Fraud Scheme To Date - On September 20, 2022, the US Department of Justice (“DOJ”) announced federal criminal charges against 47 defendants from the nonprofit, Feeding Our...more

PETA Publicizes Reports to OLAW, USDA Inspections, Targets NIH Intramural Program

Health Care Compliance Association (HCCA) on 8/29/2022

Report on Research Compliance Volume 19, Number 9 (September, 2022) - Nina F. Schor, M.D., had been in her job as acting deputy director of NIH’s intramural research program (IRP) for 15 days when she received an email...more

Is Your Trade Secret Safe Under FOIA?

Fenwick & West LLP on 1/28/2020

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

Supreme Court Expands Trade Secrets Exemption from FOIA

McDonnell Boehnen Hulbert & Berghoff LLP on 12/20/2019

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

Food & Beverage Litigation Update l November 2019 #2

Shook, Hardy & Bacon L.L.P. on 11/18/2019

LEGISLATION, REGULATIONS & STANDARDS - USDA Receives Hundreds Of Comments On Hemp Interim Rule - Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture...more

Supreme Court Expands Application of Exemption for Business Data under Freedom of Information Act

Davis Wright Tremaine LLP on 9/30/2019

Rejecting a standard that had governed lower courts for 45 years, the U.S. Supreme Court has made it easier for federal agencies to protect companies’ commercial information from public disclosure under the Freedom of...more

SCOTUS Strengthens Protections for Federal Government Contractors Under FOIA

PilieroMazza PLLC on 8/12/2019

The Freedom of Information Act (“FOIA” or “the Act”) provides private citizens access to information in the possession of government agencies that is not otherwise publicly available. Unfortunately, an agency’s disclosure can...more

Protecting Government Contractors’ Confidential Information Just Got Easier

Bass, Berry & Sims PLC on 7/25/2019

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

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

Perkins Coie on 7/24/2019

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

Protecting Confidential Business Information

Brownstein Hyatt Farber Schreck on 7/19/2019

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

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

Miles & Stockbridge P.C. on 7/16/2019

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

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

Seyfarth Shaw LLP on 7/11/2019

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/9/2019

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

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

Blank Rome LLP on 7/8/2019

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

Food Marketing Institute v. Argus Leader Media (2019)

McDonnell Boehnen Hulbert & Berghoff LLP on 7/5/2019

Although patentees generally do not have great concerns about the Freedom of Information Act (FOIA) because of the U.S. Patent and Trademark Office's secrecy requirements, they may lose control over their information under...more

Government Contract–Specific Impact of Recent Supreme Court FOIA Decision

Morgan Lewis on 7/3/2019

In Food Marketing Institute v. Argus Leader Media, the US Supreme Court held that private sector commercial information in the federal government’s possession may be withheld from public release without a showing that the...more

Supreme Court Provides Greater FOIA Protections for Utilities Commercial Information

Morgan Lewis on 7/3/2019

On June 24, the US Supreme Court issued its opinion in Food Marketing Institute v. Argus Leader Media, expanding the scope of information protected under Exemption 4 of the Freedom of Information Act (FOIA). FOIA establishes...more

U.S. Supreme Court Increases Protection For Confidential Business Information Shared With The Federal Government

Beveridge & Diamond PC on 7/3/2019

Many companies that have submitted confidential business information to the federal government have learned the hard way that the Courts and federal agencies have not interpreted the word “confidential” under the Freedom of...more

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

Seyfarth Shaw LLP on 7/3/2019

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 information from a...more

Supreme Court Extends Scope Of Confidential Information Disclosure Exemption Under Freedom Of Information Act

A&O Shearman on 7/2/2019

On June 24, 2019, the United States Supreme Court, in an opinion by Justice Gorsuch, held that information that “is both customarily and actually treated as private by its owner and provided to the government under an...more

Supreme Court Strengthens Protection of Confidential Business Information Submitted to Federal Agencies

Akin Gump Strauss Hauer & Feld LLP on 7/2/2019

Food Marketing Institute v. Argus Leader Media, decided June 24, 2019 by the Supreme Court, substantially expands the Freedom of Information Act exemption for confidential business information. The ruling is significant for...more

Blog: Will a new SCOTUS decision affect the SEC’s new confidentiality process?

Cooley LLP on 7/1/2019

If you thought a case, just decided last week by SCOTUS, involving a claim against the VA by a veteran who had been denied benefits (Kisor v. Wilkie) seemed far afield from the securities laws (but really could have a...more

Supreme Court Clarifies When Commercial or Financial Information Is 'Confidential' Under the Freedom of Information Act

Knobbe Martens on 6/28/2019

FOOD MARKETING INSTITUTE V. ARGUS LEADER MEDIA. Before the Supreme Court with J. Gorsuch delivering the majority opinion. Summary: Commercial or financial information is confidential under the Freedom of Information Act...more

OH SNAP! Supreme Court Rejects Substantial Competitive Harm Test For Key FOIA Exemption

Sheppard Mullin Richter & Hampton LLP on 6/27/2019

On June 24, 2019, the Supreme Court ruled that Exemption 4 of the Freedom of Information Act (“FOIA”), which protects from public disclosure “trade secrets and commercial or financial information obtained from a person [that...more

Supreme Court Removes “Substantial Competitive Harm” Requirement for Contractors Seeking to Protect Confidential Information from...

Morrison & Foerster LLP - Government... on 6/27/2019

You can rejoice in a recent Supreme Court decision if you have ever spent hours trying to convince a government agency not to release your company’s confidential information to the public in response to a Freedom of...more

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Freedom of Information Act › U.S. Department of Agriculture

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