I blog often on confidential information and trade secrets. In more than 25 years in practice, I have never seen a trade secrets case reach the Supreme Court. The case of Food Marketing Institute v. Argus Leader Media is an exception. And we should take note.
In this case, the Supreme Court will address when the federal government may withhold information from a Freedom of Information Act request based on the argument that responsive information is confidential or a trade secret.
Does your company do business with the government?
If so, this case may have significant ramifications for sensitive information that you submit to the government.
There is no doubt that this case promises to be a formative case in determining the scope of the Freedom of Information Act exemption for confidential information and trade secrets. The decision will be critical for companies who do business with or deal with the government and could have implications for other areas of trade secret law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.