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Freedom of Information Act (FOIA)

Food Marketing Institute v. Argus Leader Media: Enhanced FOIA Protection for Contractors’ “Confidential” Commercial or Financial Information

January 6, 2020 By Andrew Howard

For the last 55 years nearly all federal agencies and courts tasked with determining whether a contractor’s “commercial or financial” information is “confidential” for purposes of exemption from public disclosure under the Freedom of Information Act have had to evaluate – among other things – whether disclosure of the information likely would cause substantial harm to the competitive position of the person from whom the information was obtained. In Food Marketing Institute v. Argus Leader Media, 588 U.S. ___ (2019), the Supreme Court rejected this decades-long “competitive harm” [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Information Technology, IP and Research in the Government World Tagged With: Freedom of Information Act (FOIA), U.S. Supreme Court

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This blog is a service of Alston & Bird’s Government Contracts team and provides insights on cases, rules, trends, and latest developments in local, state, and federal government contracting. Our attorney observations include analysis of investigations, litigation, protests and issues affecting present or prospective prime contractors, subcontractors, and grant recipients across various industries.

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