Trade Secrets Protected From Disclosure Under FOIA…Except For When They Aren't

We have previously reported about protecting trade secrets from disclosure after a FOIA request here and here. There is something to be said for immediate action and intervening to protect your trade secrets, but sometimes that just isn't enough.

In a recent decision, the Central District of California denied a protective order for several documents submitted to the government that Exxon contended contain trade secrets. Exxon understandably had intervened in the action to protect its trade secrets. But the Court noted that FOIA exemptions from disclosure are not a mandatory bar to disclosure. Therefore, the government is not required to withhold a document from public disclosure in response to a FOIA request, even if it falls under a FOIA exemption. (Which is why a company is wise to intervene and seek a protective order to prevent an agency from disclosing its trade secrets).