When preparing a bid seeking a new government contract, it’s important to keep trade secrets, well, secret. And since Freedom of Information Act requests could allow competitors to gain proprietary business information through a public request, it’s a fine line to walk between disclosing the necessary information to gain the contract and not letting go of the company’s Coca-Cola recipe.
“When businesses are requested to furnish information thought to be confidential trade secrets, they must consider the business implications if such information were disclosed to the public,” says Whitaker Rayner of Jones Walker. He explains that there are both state and federal laws that provide some protection for this information, but to invoke them expensive litigation is often necessary.
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