News & Analysis as of

Trade Secrets Federal Contractors Freedom of Information Act

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Proskauer - Government Contractor Compliance...

Ninth Circuit Orders Release of Federal Contractor EEO-1 Reports

On July 30, 2025, the U.S. Court of Appeals for the Ninth Circuit ruled that the Department of Labor (“DOL”) must disclose federal contractor EEO-1 Reports requested by the Center for Investigative Reporting (“CIR”). The...more

Foley & Lardner LLP

Government Contractors Should Act Now to Protect EEO-1 Reports From Public Disclosure

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You may recall that, beginning in 2019, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) began receiving requests under the Freedom of Information Act (FOIA) for all EEO-1 reports...more

Proskauer - Government Contractor Compliance...

Court Orders Release of Contractor EEO-1 Reports

On December 22, 2023, a court in the Northern District of California ordered the disclosure of EEO-1 Reports filed by federal contractors and subcontractors (“Contractors”) between 2016 and 2020 in the case, Center for...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On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued unpublished notice of a broad Freedom of Information Act (FOIA) request that impacts the federal contracting community.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

PilieroMazza PLLC

[Webinar] Protecting Your Confidential Information: FOIA Exemption 4 for Government Contractors - September 15th, 2:00 pm - 3:00...

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The Freedom of Information Act allows government agencies to release any record in their possession unless one of nine exemptions applies. Exemption #4—the focus of this webinar—protects information considered “trade secrets...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

Bass, Berry & Sims PLC

Protecting Government Contractors’ Confidential Information Just Got Easier

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At the end of June, the U.S. Supreme Court issued an important Freedom of Information Act (FOIA) decision that decreases the burden on contractors seeking to protect confidential information. As most contractors are aware,...more

Poyner Spruill LLP

Employers with Federal Contracts Should Take Affirmative Steps to Maintain Confidentiality of Pay Data Submitted via EEO-1 Survey

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As discussed in our prior alert, employers are now required to submit additional information to supplement EEO-1 reports. The deadline to submit this new information – which will include employee pay data (referred to by the...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

Miles & Stockbridge P.C.

Supreme Court Decision Broadens Protection for Confidential Information against Disclosure under FOIA

In a significant decision for Government contractors, the Supreme Court has expanded the types of “commercial or financial information” that are “confidential,” and therefore exempt from disclosure under the Freedom of...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

Dorsey & Whitney LLP

Proposed Revisions to the DoD’s FOIA Procedures

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It is common for Government contractors to utilize the Freedom of Information Act (FOIA) to obtain documents relevant to their business development, operations, and – often – claims. While FOIA requests can be a...more

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