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 Freedom of Information Act (“FOIA”) request based on responsive information being confidential or a trade secret. Earlier this year, we reported on this case when the Supreme Court granted certiorari and predicted that the case would have significant ramifications for the protections given to sensitive information submitted by companies to the government.
Continue Reading Supreme Court Issues Decision Significantly Expanding the Scope of FOIA’s Confidentiality Exemption
Supreme Court Grants Cert. to Interpret Meaning of “Confidential” or “Trade Secret” Under FOIA
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.
Continue Reading Supreme Court Grants Cert. to Interpret Meaning of “Confidential” or “Trade Secret” Under FOIA
UConn is Dancin’ for a Third Reason: Its Donor List is a Trade Secret and Exempt from Freedom of Information Act
The University of Connecticut has a third well-publicized reason to celebrate, beyond its men’s and women’s basketball teams’ berths in the NCAA Tournament. The Connecticut Supreme Court recently held that the University’s databases of benefactors, season ticket holders, and others interested in University programs and departments were exempted from a FOIA request on the grounds that the databases were “trade secrets&rdquo