FOIA and Trade Secrets: Managing the Risks of FOIA-able Trade Secrets

Kenneth J Sanney, Nancy Jean White

Research output: Contribution to journalArticlepeer-review


The Freedom of Information Act is a federal statute with a primary purpose to provide to the public, federal agency records and information and to open the workings of federal administrative processes to public review. All states have similar statutes. Although the goal of open government is certainly laudable, it can have unintended consequences when businesses dealing with the government have trade secrets or confidential information FOIAed and then revealed to the competitor. This paper discusses the pitfalls and what can and cannot be done to protect trade secrets and confidential information from competitors’ FOIA requests.
Original languageEnglish
JournalWake Forest Journal of Business and Intellectual Property Law
StatePublished - Jan 1 2014


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