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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 | 1 min read | 04.18.24

GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings

On March 15, 2024, the General Services Administration (GSA) issued Acquisition Letter MV-2024-01 providing guidance to GSA contracting officers on the use of upfront payments for acquisitions of cloud-based Software-as-a-Service (SaaS).  Specifically, this acquisition letter clarifies that despite statutory prohibitions against the use of “advance” payments outside of narrowly-prescribed circumstances, upfront payments for SaaS licenses do not constitute an “advance” payment subject to these restrictions when made under the following conditions:...