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E-Mails Regarding Competitor's Responsibility Not Releasable Under FOIA

Client Alert | less than 1 min read | 03.16.09

In Tybrin Corp. v. USAF (W.D. Ohio Feb. 19, 2009), the district court ruled that e-mails submitted by Tybrin regarding a competitor's responsibility, which ultimately resulted in the exclusion of that competitor, were confidential commercial information under FOIA Exemption 4 and, therefore, not releasable. In doing so, the court relied on Tybrin's practice of treating such e-mails as confidential, not only as to the general public but also within the company, and the fact that Tybrin had a "commercial interest" in the e-mails and so the e-mails were "commercial" information.

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Client Alert | 2 min read | 05.29.26

California Assembly Passes AB 1776, Sending Major Antitrust Bill to the Senate

California’s COMPETE Act (AB 1776) narrowly passed the California State Assembly by three votes on Wednesday and now moves to the California State Senate. The bill — introduced in March by Assembly Majority Leader Cecilia Aguiar-Curry — is modeled closely on draft legislation recommended by the California Law Revision Commission in September. AB 1776 would not only significantly expand potential liability for single-firm conduct and monopolization but, based on recent amendments, would also explicitly decouple California antitrust analysis from certain federal standards. Crowell & Moring is representing the California Chamber of Commerce (CalChamber) in monitoring, analyzing, and responding to AB 1776. ...