On January 11, 2019, the Supreme Court accepted certiorari to reconcile fractured circuit tests on when the government may withhold information from a Freedom of Information Act (“FOIA”) request based on responsive information being confidential or a trade secret. The case has major potential ramifications for the protections given to sensitive information submitted by companies to the government.
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Loose Lips Sink Ships! Can an Employer Ask a Whistleblower to Keep Her Complaints “Confidential”?
By James Beyer
Hypothetical, based upon a real fact pattern: Sally works for a chair manufacturer and believes the chairs are made with unsafe and illegal toxins. Sally reports her concerns to the head of HR. Sally also says that she thinks her supervisor is “harassing” her for raising this with him because he gave her a bad performance rating.
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Protecting Disclosure Of Trade Secrets Included In A Bid Responsive To A Government Request For Proposal
When confidential information or trade secrets are provided to a government agency in a bid for a public contract, they might wind up being disclosed to a competitor or others unless great care is taken by the bidder. Non-disclosure agreements are essential. Of course, all pages containing a trade secret should be designated as “confidential.” Examples of other protective measures
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