DOJ Issues FOIA Exemption 4 Guidance Following Argus Leader; Confirms That “Assurance of Confidentiality” At Time of Submission Not Currently Required

By John E. McCarthy Jr., Anuj Vohra, Daniel W. Wolff & Monica DiFonzo Sterling

October 21, 2019

Last week, the Department of Justice issued new guidance regarding the application of Exemption 4 to the Freedom of Information Act (FOIA) following the Supreme Court’s decision this past June in Food Marketing Institute v. Argus Leader Media, 139 S. Ct. 2356 (2019). (Crowell & Moring previously wrote about Argus Leader here.) As a refresher, Exemption 4 allows agencies to withhold documents otherwise responsive to a FOIA request if the documents contain “trade secrets…

Government Contracts Legal Forum

COFC Rejects Government Motion to Dismiss ACA “Risk Corridors” Case

By Steve McBrady, Christopher Flynn, A. Xavier Baker, Joseph Miller, Sharmistha Das & Daniel W. Wolff

January 12, 2017

In a recent decision, the Court of Federal Claims rejected the Government’s motion to dismiss a lawsuit filed under the Tucker Act seeking to recover “risk corridors” payments pursuant to §1342 of the Affordable Care Act. In Health Republic Insurance Co. v. U.S. (Jan. 10, 2017), the Court held that “HHS is required to make annual risk corridors payments to eligible qualified health plans” under the ACA, and that the “plaintiff’s claim for unpaid risk…

Retail & Consumer Products Law Observer

OSHA Revises Exemption for “Retail Facilities” from Its Process Safety Management Standard

By Daniel W. Wolff

July 30, 2015

In a memo dated July 22, the Occupational Safety and Health Administration (OSHA) announced that it was revising its interpretation of the “retail facilities” exemption from its Process Safety Management (PSM) standard, as codified at 29 C.F.R. § 1910.119(a)(2)(1). The PSM standard requires employers to manage hazards associated with processes involving highly hazardous chemicals. The standard exempts retail facilities and for years OSHA interpreted that exemption to apply to employers who derived more than 50% of…

Retail & Consumer Products Law Observer

To Label Or Not To Label? Companies May Have No Choice

By Thomas Means, Daniel W. Wolff, Jesse Kirchner & Thomas De Meese

October 2, 2014

Most everyone knows that the First Amendment restricts the government’s ability to limit commercial speech. Similarly, most everyone would probably think the First Amendment also restricts the government’s ability to compel commercial speech. But are there times when the government may compel commercial speech? Indeed it can in some circumstances, and the D.C. Circuit recently expanded those circumstances in American Meat Institute v. U.S. Department of Agriculture (AMI). AMI involved a trade association’s challenge to…

Daniel W. Wolff

DOJ Issues FOIA Exemption 4 Guidance Following Argus Leader; Confirms That “Assurance of Confidentiality” At Time of Submission Not Currently Required

COFC Rejects Government Motion to Dismiss ACA “Risk Corridors” Case

OSHA Revises Exemption for “Retail Facilities” from Its Process Safety Management Standard

To Label Or Not To Label? Companies May Have No Choice

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