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