Douglas C. Proxmire

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Last summer, Congress passed and President Obama signed into law the FOIA Improvement Act of 2016 (Public Law No. 114-185), which adds to and amends the Freedom of Information Act (FOIA). The stated purpose of the amendments to the FOIA is to create a “presumption of openness” limiting the federal government’s discretionary power to withhold requested information only when disclosure would result in “foreseeable harm.” For those that transact business with or even simply communicate…
In four recent blogs, we explained how metadata can identify who authored, edited, or accessed a file – evidence that may be critical in proving or defending a claim of theft of trade secrets, click here to view Part I, Part II, Part III or Part IV of the metadata series. Metadata was our good friend in securing a $20-million-plus-sanctions victory for our client in a 42-day theft of trade secrets trial. If…
If metadata can be such important evidence, Part II and Part III, you’re probably wondering: Hasn’t someone figured out a way to destroy it? The answer is that there are products designed to do just that – and the company or person who uses them is paving their own road to sanctions. As an employer, you need to be aware of these tools. You need to know what to tell your employees not to…
Douglas C. Proxmire and Elizabeth A. Buehler published “How Trade Secrets Law Protects Contractor Proposal Info” in Law360 on November 12, 2014. In a time of shrinking budgets and contracting opportunities, government contractors should be aware that the information compiled in their proposals has grown increasingly more valuable. Fortunately, the Uniform Trade Secrets Act is a tool contractors can use to protect their trade secrets, but they must employ basic protections. To read the full…