Misapplying FOIA To Confidential Info In Gov't Contracts

Law360, New York (June 14, 2017, 2:22 PM EDT) -- Governmental bodies at all levels increasingly are privatizing public infrastructure operation and service. This trend will escalate businesses’ already heavy use of public records statutes such as the federal Freedom of Information Act to acquire highly sensitive business information about their competitors, such as line item or unit pricing in government contracts. Historically, express exemptions in these statutes applicable to business information have given government contractors some ability to keep sensitive contract pricing terms out of their competitors’ hands. Rulings in a recent case from federal...
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