News & Analysis as of

Public Disclosure Freedom of Information Act Trade Secrets

Dechert LLP

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

Dechert LLP on

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

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued unpublished notice of a broad Freedom of Information Act (FOIA) request that impacts the federal contracting community.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

Pillsbury Winthrop Shaw Pittman LLP

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

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

Holland & Knight LLP

The Supreme Court Expands Contractor FOIA Protection - with a Caveat

Holland & Knight LLP on

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

BCLP

U.S. Supreme Court Reduces Category of Third-Party “Confidential” Records Subject to Disclosure Under the Freedom of Information...

BCLP on

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

Morgan Lewis

Supreme Court Broadens Confidential Commercial Information Exempt from FOIA

Morgan Lewis on

In a ruling that has implications for businesses turning information over to federal agencies, the US Supreme Court has held that commercial or financial information that is treated as private by its owner and provided to the...more

Polsinelli

Polsinelli Insights from Supreme Court Oral Arguments Concerning FOIA Disclosure Obligations

Polsinelli on

On April 22, 2019, the U.S. Supreme Court heard argument in Food Marketing Institute v. Argus Leader Media. Polsinelli attended the oral arguments to provide insight concerning the potential implications for federal...more

Sheppard Mullin Richter & Hampton LLP

OH SNAP! Supreme Court to Take on Meaning of Key FOIA Exemption

On January 11, 2019, the Supreme Court granted a petition for writ of certiorari over an Eighth Circuit decision involving Exemption 4 of the Freedom of Information Act (“FOIA”), which protects from public disclosure “trade...more

Patterson Belknap Webb & Tyler LLP

FDA Says BPCIA Poses No Fifth Amendment Taking for Innovator Biologics Submitted Prior to Its Enactment

On the same day that FDA approved the first biosimilar of Humira, the fourth biosimilar to be approved in the U.S., it also denied a citizen petition filed by Abbott Laboratories (now AbbVie) requesting that FDA not accept...more

Orrick - Trade Secrets Group

Senate Bill in Georgia Seeks to Expand Scope of Trade Secret Protection

On February 2, 2016, Georgia State Senator Hunter Hill introduced Senate Bill 321 in the Georgia Senate. The bill is entitled “Commerce and Trade; state government; protections against public disclosure of certain...more

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