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U.S. Supreme Court,
Civil Litigation,
Government

Jul. 5, 2019

Ruling makes it easier to block a competitor's FOIA access to confidential information

Last month, the Supreme Court held that a showing of substantial competitive harm in the event of disclosure is not required for information to be “confidential” to be exempt from disclosure under the Freedom of Information Act. Many view this holding as a gamechanger.

Rebecca J. Edelson

Partner
Sheppard, Mullin, Richter & Hampton LLP

Email: redelson@sheppardmullin.com

Rebecca is a seasoned litigator who leads the firm's trade secret practice, Bec prides herself in offering clients "out of the box" solutions for their trade secret issues.

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Adam Bartolanzo

Associate
Sheppard, Mullin, Richter & Hampton LLP

Email: abartolanzo@sheppardmullin.com

Adam is a member of the firm's government contracts practice, Adam represents clients in a range of government contracts matters, including those involving data rights.

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Keith Szeliga

Partner
Sheppard, Mullin, Richter & Hampton LLP

Email: kszeliga@sheppardmullin.com

Keith is a member (and former leader) of the firm's government contracts practice and a member of the firm's Aerospace & Defense Industry Team, Keith represents clients ranging from small businesses to the nation's largest defense contractors in a broad range of government contracts matters.

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In April, we discussed the U.S. Supreme Court's grant of certiorari in Food Marketing Institute v. Argus Leader Media, 2019 DJDAR 5680 (June 24, 2019) (FMI), a case involving Exemption 4 to the Freedom of Information Act. ("$95

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