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DoJ “FOIA Post” Demonstrates Continued Policy To Disclose Unit Pricing

Client Alert | less than 1 min read | 10.10.05

On September 8, 2005, the Department of Justice issued a “FOIA Post” memorandum (http://www.usdoj.gov/oip/foiapost/2005foiapost17.htm) reflecting on last year's decision by the D.C. Circuit in McDonnell Douglas Corp. v. U.S. Dep't of the Air Force, 375 F.3d 1182, in which the court rejected DOJ's efforts to have the contractor's unit prices released. The “FOIA Post” discusses various ways that agencies can distinguish that decision in favor of disclosure of unit-price information and advises agencies to look to Fourth and Ninth Circuit decisions which supported the disclosure of unit prices.

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Client Alert | 8 min read | 10.01.25

BIS Issues “Affiliates Rule” to Dramatically Expand Applicability of Entity and Military End-User Lists

On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a sweeping Interim Final Rule (IFR), (the “Affiliates Rule”) expanding which entities qualify as Entity List or Military End-User entities, thereby subjecting those entities to elevated export control restrictions under the Export Administration Regulations (EAR). U.S. export restrictions applicable to entities on the Entity List, Military End-User (MEU) List, and Specially Designated Nationals and Blocked Persons (SDN List) now apply to foreign affiliates that are, in the aggregate, owned 50% or more by one or more of the aforementioned entities. An entity that becomes subject to these restrictions because of its ownership structure will be subject to the most restrictive controls that attach to any of its parent entities, regardless of ownership stakes....