News & Analysis as of September 26, 2024

Freedom of Information Act › Food Marketing Institute v Argus Leader Media

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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 -

The Freedom of Information Act’s “Confidentiality” Exception

Freeman Law on 12/2/2021

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

SEC Proposes Increasing the 13F Threshold to $3.5 billion

Proskauer Rose LLP on 7/14/2020

On July 10, 2020, the Securities and Exchange Commission (“SEC”) proposed significantly increasing the reporting threshold requiring the filing of a Form 13F to $3.5 billion, a 35-fold increase from the current threshold....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

Department of Justice Issues New Guidance on Definition of "Confidential" under FOIA Exemption 4

Holland & Hart LLP on 10/24/2019

The Department of Justice (“DOJ”) recently issued guidance defining the types of information that qualify as “confidential” under Exemption 4 of the Freedom of Information Act (“FOIA”). This guidance follows the Supreme...more

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

Pillsbury Winthrop Shaw Pittman LLP on 10/21/2019

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

FOIA Competitive Injury Requirement Falls

Carlton Fields on 10/11/2019

The Supreme Court’s June decision in Food Marketing Institute v. Argus Leader Media has made it easier for federal entities to resist certain Freedom of Information Act requests for confidential business information that the...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

OFAC update: Final interim rule amending the reporting, procedures, and penalties regulations (RPPR) and Freedom of Information...

Hogan Lovells on 7/26/2019

On 20 June 2019 the Department of Treasury's Office of Foreign Assets Control (OFAC) issued a final interim rule (effective on 21 June 2019) amending its reporting, procedures, and penalties regulations, 31 Code of Federal...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

EPA Revises its FOIA Regulations

Perkins Coie on 7/22/2019

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

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

Poyner Spruill LLP on 7/19/2019

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

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

Capital Markets & Public Companies Quarterly: SEC Proposes Amendments to Accelerated and Large Accelerated Filer Definitions,...

McDermott Will & Emery on 7/16/2019

During the previous quarter, the SEC proposed new rulemaking to reduce the number of smaller companies that become subject to enhanced reporting requirements through “accelerated filer” and “large accelerated filer” status....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

A Recap of the Supreme Court’s 2019 Summer Slate

Pillsbury - Gravel2Gavel Construction & Real... on 7/9/2019

As usual, the last month of the Supreme Court’s term generated significant rulings on all manner of cases, possibly presaging the new directions the Court will be taking in administrative and regulatory law....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 Reduces Category of Third-Party “Confidential” Records Subject to Disclosure Under the Freedom of Information...

BCLP on 7/3/2019

Marketing Institute v. Argus Leader Media, 2019 WL 2570624, 588 U.S. - - - (June 24, 2019) (“FMI”), it made confidential commercial and financial information provided to the U.S. government by private parties subject to...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

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Freedom of Information Act › Food Marketing Institute v Argus Leader Media

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